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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
A.V.N. Tubes Limited Company – Appellant
Versus
Dynamic Engineering – Respondent
ORDER :
1. The present miscellaneous appeal under Order 43 Rule 1(a) of CPC has been preferred by the appellant–plaintiff challenging the legality, correctness, and propriety of the order dated 18.02.2015 passed by the learned Additional District Judge, Gohad, District Bhind (hereinafter referred to as “the trial Court”) whereby, after framing issues and recording the evidence of both the parties, the trial Court held that it lacked territorial jurisdiction to entertain the suit and consequently dismissed the suit while directing return of the plaint under Order 7 Rule 10 CPC.
2. Short facts giving rise to the present appeal for its adjudication, as narrated therein, are that the appellant–plaintiff instituted a civil suit for recovery of a sum of Rs.2,76,558/- against the respondent–defendant on the pleadings that the appellant Company supplied welded steel tubes to the respondent from its factory situated at Malanpur, District Bhind. The description of the goods supplied was mentioned in Challan-cum-Excise Gate Pass No. AVN/94/12/289 dated 02.12.1994. The goods were dispatched through Truck No. MP-07-N-3006 and transported via Industrial Transport of India under Lorry Receipt No. 3
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....
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....
The court's jurisdiction to entertain a suit is determined by accepting all statements in the plaint to be true, without evaluating their merits.
Jurisdiction in contract disputes depends on where significant acts occurred, not solely on contractual jurisdiction clauses.
The jurisdiction of courts in civil matters is determined by the location of payments made, as established under Section 20 of the CPC.
Jurisdiction for trademark infringement suits requires courts to accept plaint allegations as true; future apprehension of infringement can establish justiciability.
Part of the cause of action for filing the suit had accrued in Delhi due to the business transactions between the parties, establishing territorial jurisdiction in Delhi.
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