SBCMA NO.430/1995– M/s JAI KISHAN NARSINGH DASS GRAIN MERCHANT AND COMMISSION AGENTS AND THE UNION OF INDIA AND ORS. : JUDGMENT DTD. 28.4.2009 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL MISC. APPEAL NO.430/1995 M/s Jai Kishan Narsingh Dass Grain Merchant and Commission Agents, Nokha. versus The Union of India and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.D.D.Chitlangi, for the appellant. Mr.Nikhil Dungawat on behalf of Mr.P.S.Bhati } Mr.Lalit Vyas } for the respondents. DATE OF JUDGMENT : 28th April, 2009. JUDGMENT 1. This appeal is filed by the plaintiff being aggrieved by the order of the learned ADJ No., Jodhpur holding that Jodhpur Court had no jurisdiction to decide the suit as the cause of action arose either at Nokha or Howrah, therefore, allowing application under Order 7 Rule 10 C.P.C., the Court directed return of plaint for proper presentation. 2. The learned counsel for the appellant submits that though the Court below has erred in holding that there was no jurisdiction with Jodhpur Court as Nokha Railway Station falls within the jurisdiction SBCMA NO.430/1995– M/s JAI KISHAN NARSINGH DASS GRAIN MERCHANT AND COMMISSION AGENTS AND THE UNION OF INDIA AND ORS. : JUDGMENT DTD. 28.4.2009 2/3 of Divisional office of Railways at Jodhpur, however, this contention is strongly opposed by the learned counsel for for the respondents who submit that the cause of action cannot depend upon the existence of the office of the Divisional Railway Office at Jodhpur. Since the goods in question were sent from Nokha to Howrah, the cause of action could arise only at Nokha or Howrah. Therefore, the Court below has rightly held to have no jurisdiction in the matter. 3. Having heard the learned counsel and upon perusal of the impugned order, this Court is satisfied that the learned court below has not committed any error in returning the plaint for proper presentation either at Nokha or Howrah under Order 7 Rule 10 C.P.C. Since the goods were booked from Nokha for being consigned to Howrah, therefore, depending upon the terms of contract, the cause of action course arise either at Nokha or Howrah and it could not arise at Jodhpur merely on account of existence of Divisional Office at Jodhpur. Therefore, this Court finds no force in the present appeal and the same is accordingly dismissed. The plaintiff – appellant shall be at liberty to pursue the said suit either at Nokha or Howrah as the case may be. If the suit is filed by the plaintiff – appellant at Nokha or appropriate Court having jurisdiction over Nokha Railway Station within a month, then such suit shall be proceeded further in accordance with law subject to just objections to be raised by the defendants. Record be transmitted to the trial Court forthwith. No order as to costs. SBCMA NO.430/1995– M/s JAI KISHAN NARSINGH DASS GRAIN MERCHANT AND COMMISSION AGENTS AND THE UNION OF INDIA AND ORS. : JUDGMENT DTD. 28.4.2009 3/3 (Dr.VINEET KOTHARI)J. Item No.12 Ss/-