SOHAN LAL Vs. JAIPUR GOLDEN TRANSPORT CO PVT LTD

JUDGEMENT

(1.) THIS revision application has been filed against the order passed by the Judge, Small Causes Court, Jaipur City dated February 5, 1974 returning the plaint to the plaintiff under Order 7, Rule 10, C. P. C. for presentation to the proper Court.

(2.) A Firm of Ahmedabad, M/s. Ramesh and Company entrusted 5 bags of Sugan Vegetable to the defendant M/s. Jaipur Golden Transport Co. , Delhi for carriage from Ahmedabad to Jaipur. The goods were to be delivered from Jaipur to M/s Ramnath and Co. and Sohan Lal plaintiff is the sole proprietor of the consignee firm. A goods receipt, bearing No. D-350040, dated 14th Oct. 1971 was issued by the aforesaid Transport Company to the consignor M/s Ramesh and Co. It is alleged that the goods were not delivered to the consignee and as such the plaintiff filed a suit for the recovery of the price of the aforesaid goods against the transport company, in the court of the Judge, Small Causes, Jaipur City. One of the objections raised by the defendant transport company in its written statement was that according to the terms of carriage of goods in question, the suit could have been filed only in the Delhi court and the court at Jaipur had no jurisdiction to entertain the suit.