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R. SUBRAMANIAN, R. SAKTHIVEL
Gammon India Limited, Rep. by its Managing Director – Appellant
Versus
V. Lawrance, S/o. Vanathaiyan – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer : This appeal is filed under Section 96 of the Code of Civil Procedure, to set aside the decree and judgment dated 02.03.2020 passed in O.S.No.167 of 2013 on the file of Principal District Judge, Cuddalore.
The defendants in OS No.167 of 2013 on the file of the Principal District Court, Cuddalore, are on Appeal. Aggrieved by a decree granted in the said suit for payment of a sum of Rs.88,55,120/- with interest on Rs.58,00,000/- at 12% from the date of plaint till date of decree and thereafter at 6%.
2. For the sake of convenience, the parties will be referred to as per their rank in the suit.
3. The suit was launched by the plaintiff carrying on business within the jurisdiction of the Principal District Court, Cuddalore, seeking a decree as aforesaid contending that the defendants had hired Schwing Truck Mounted Concrete Pump, Model No.S-17 on a monthly rent of Rs.4,25,000/- for a period of 24 months, commencing from 20.12.2007. The said contract was evidenced by a letter of request made by the plaintiff offering the services of the above said machinery at a rent of Rs.4,75,000/- on 08.10.2007.
3.1. The defendants accepted the said offer and agreed to
Jurisdiction is affirmed where part of the cause of action arises, and contractual liability persists despite claims of breakdown or non-utilization of hired machinery.
The court affirmed jurisdiction as part of the cause of action occurred at the plaintiff's location where payment was en-cashed, and the defendants were liable for unpaid rent due to lack of evidence....
A court cannot be denied jurisdiction by an agreement between parties if that court is competent to adjudicate the matter based on where the breach occurred and the nature of the contract.
The court emphasized that the proper jurisdiction for a suit arising from a contract is where the contract was executed and the work performed, highlighting the fallacy in dismissing the suit without....
Point of Law : Return of plaint – Jurisdiction of Court- Work Contract - Cause of action for the institution of the suit has arisen at Raipur where the alleged contract was executed Hence Court has j....
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
Point of Law : Recover of amount - Jurisdiction - Section 20 clearly provides that a court within whose local limits the cause of action, “wholly or in part”, arises, would have territorial jurisdict....
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