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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
K.P. Pankaj (Keshav Prasad Pankaj) Government Contactor And Suppliers – Appellant
Versus
Chairman, District Urban Development Authority – Respondent
| Table of Content |
|---|
| 1. nature of contractual obligations and payment disputes (Para 3 , 4 , 5 , 6 , 7) |
| 2. jurisdictional issues regarding the tender and contract (Para 10 , 11) |
| 3. parties' contentions on court jurisdiction (Para 12 , 13 , 14) |
| 4. correct legal procedure for jurisdictional challenges (Para 18 , 19 , 21) |
| 5. restoration of suit and return of plaint for proper jurisdiction (Para 24 , 25) |
JUDGMENT :
SANDEEP JAIN, J.
1. Heard the learned counsel for the parties.
2. The instant first appeal under Section 96 C.P.C. has been preferred by the plaintiff-appellant in Original Suit No. 244 of 2018 (K.P. Pankaj @ Keshav Prasad Pankaj vs. Chairman, District Urban Development Authority, Kushinagar and others) against the impugned judgment and decree dated 02.04.2025 passed by the Court of Additional Civil Judge (Senior Division), Court No. 3, Gorakhpur, whereby the plaint has been rejected under Order VII Rule 11 C.P.C. on the ground that, as per the terms of the tender, the disputes were to be adjudicated by the competent court at Kushinagar, whereas the plaintiff has filed the suit before the Court at Gorakhpur, which was legally not maintainable.
3. The factual matrix of the case is that a
Territorial jurisdiction in civil matters is determined by the location of the cause of action, and a court lacking jurisdiction must return the plaint for presentation to an appropriate court instea....
Jurisdiction in contract disputes depends on where significant acts occurred, not solely on contractual jurisdiction clauses.
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....
A plaintiff who unconditionally withdraws a suit without permission to refile cannot institute a fresh suit on the same subject matter, per Order XXIII Rule 1(4) of CPC.
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
A court lacking jurisdiction must return the plaint for presentation to the proper court rather than reject it, following established legal principles.
The main legal point established in the judgment is the application of territorial jurisdiction under section 20 of the CPC, emphasizing the significance of the location of the contract's making and ....
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