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1975 Supreme(All) 421

N.D.OJHA
Estrela Batteries Ltd. – Appellant
Versus
Modi Industries Ltd – Respondent


Advocates:
R.N. Bhalla and S.N. Kackar, for Applicant; A.N. Verma, for Opposite Party.

ORDER:- The suit giving rise to the present revision was filed by the opposite party against the applicant for damages for breach of contract. The suit was instituted at Ghaziabad. The applicant has its registered office at Bombay. The suit was contested by the applicant, inter alia, on the ground that the Court at Ghaziahad had no jurisdiction to entertain the suit and it could be instituted only at Bombay. Third of Sept. 1974, was the date fixed for framing of issues. Issue No. 1 was to the effect whether the Court had jurisdiction to try the suit as alleged by the defendant. After framing issues on that date the Court fixed 12th October, 1974 for deciding issue No. 1 as a preliminary issue. In the meantime on 9th September, 1974, the applicant made an application for framing additional issues. This application was allowed on 14th September, 1974, and on 5th October, 1974 certain additional issues were framed. One of these additional issues being issue No. 7 was whether the plaintiff had accepted the order of the defendant at Modinagar as alleged in paragraph 7 of the plaint and, if so, its effect. On 5th October, 1974, itself an order was passed that issue No. 1 shall be dispose














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