1. Instant appeal is directed against the order dated 15-12-2010 passed by District Judge, Ambikapur, Surguja in Civil Suit No. 3 - B / 2009.

2. Facts necessary for disposal of this appeal are as under :
(i) The appellant / plaintiff was employed by the respondent - Cipla Limited as Marketing Executive.
(ii) The respondent used to pay salary to the plaintiff at Mumbai. Admittedly, service agreement was entered by the parties at Mumbai and Clause 20 of the agreement provide as follows :
"Any dispute arising out of and / or related to appellant's employment with the Company shall be subject to Mumbai Jurisdiction only."
(iii) Disputes having arisen out of the service contract the appellant filed a Civil Suit No. 3B / 2009 against the respondent in the Court of District Judge, Ambikapur, Sarguja for the recovery of a sum of Rs. 59,687/- and for mandatory injunction.
(iv) The respondent took a preliminary objection that the District Judge, Ambikapur, Sarguja has no jurisdiction to entertain the suit as parties by express contract had agreed to confer exclusive jurisdiction in regard to all disputes arising out of the contract on the Civil Court at Mumbai.

3. The trial Court, having fou