Jurisdiction
Amar Kumar Sahoo
(Querist) 06 April 2012
This query is : Resolved
Dear Sir,
Plaintiff had deployed his vehicle hire basis from Rourkela to Bhubaneswar and back as per the terms of contract (i.e. in form of letter issued by Defendant No.-1 from Jamshedpur to Bargarh containing the terms and conditions for deployment of vehicle by the plaintiff with the defendant’s company) accepted by the plaintiff from Defendant No.-1 which is the Regional Head Office situated at Jamshedpur. Defendant No.-2 is Area office situated at Bhubaneswar and the alleged vehicle was deployed from Bhubaneswar Office to Rourkela Branch Office and back. After expiry of contract period (i.e. for one year) some outstanding due was disputed with the Defendant No.-1 & 2 as alleged by the plaintiff for which the plaintiff has filed a money suit at Sambalpur Civil Court.
The plaintiff is staying at Bargarh having his transport office where he had accepted the contract. When the outstanding due was disputed by the plaintiff with the defendants, the plaintiff availed his advocate service who is staying at Sambalpur and issued pleader notice to the Defendant No.-1 & 2 before filing of the present money suit and in the said pleader notice the advocate of the plaintiff mentioned the address of the plaintiff as at Bargarh. But while filing the money suit at Sambalpur the plaintiff impleaded the Sambalpur Branch Office of the defendants company as Defendant No.-3 who is no connected with the dispute between the plaintiff and Defendant no.-1 & 2 and neither party to the contract for deployment of vehicle nor any pleader notice has been issued to Sambalpur Branch Office nor any pleading has been averred in the plaint that the defendant no.-3 has related to any type of transactions with the plaintiff nor any cause of arose within the jurisdiction of Sambalpur. The plaintiff has impleaded the defendant no.-3 as party to the suit only to drag the jurisdiction of the Sambalpur Court and the address statement of the plaintiff has been mentioned in suit as at Sambalpur but all the transactions/correspondences has been made with the Defendant no.-1 & 2 by the plaintiff from Bargarh address. The Hon’ble Sambalpur Court has admitted the suit and on receipt of the notice from the Court the defendants appeared and filed a petition U/O.7, R-11(a) of C.P.C. for rejection of plaint on the ground that no cause of arose either within the jurisdiction of Sambalpur or with the Defendant No.-3.
Bargarh and Sambalpur are separate Districts of Odisha having competent Courts.
My legal query is whether suit is maintainable at Sambalpur and whether I have filed the above petition properly for rejection of plaint. Friends, please guide me with your suitable opinions and case laws.
Raj Kumar Makkad
(Expert) 06 April 2012
This being a commercial business of you both parties, can be properly solved if you engage a local taxation side practising lawyer.
Deepak Nair
(Expert) 06 April 2012
The party can file a suit at the court which has jurisdiction over his place of business.
ajay sethi
(Expert) 06 April 2012
no part of cause of action has arisen at sambhalpur .
plaintiff resides and carries on buisness at bargah .
defendants are having office at jamshedpur . area office is in bhubhaneshwar .
merely because legal notice is issued from Sambhalpur the suit could not have been filed at sambhalpur .sambhalpur branch office had not entered into contract nor were any vehicles deployed at Sambhalpur material part of cuae of action has arisen in bargah/jamshedpur
the contract must have contained provision that in event of disputes __________ shall have jurisdcition .
check that cluase in contract .
prabhakar singh
(Expert) 06 April 2012
commercial query,would go with answer of Mr.Makkad.
V R SHROFF
(Expert) 06 April 2012
Agreed with Shri Makkad.
