Supreme Court · 2004 INSC 307 · Decided 23 April 2004
New Moga Transport Company, Through Its Proprietor Krishanlal Jhanwar v. United India Insurance CO. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 307 · [2004] SUPP. 1 S.C.R. 623
- Case number
- CIVIL APPEAL No. 2645/2004
- Decided
- 23 April 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 20, 115; Contract Act Section 28
Headnote
Code of Civil Procedure, 1908-Section 20-Jurisdiction of Civil Court-More than one court having jurisdiction-Limitation of jurisdiction C to one court by parties under an agreement-Validity of-Held: Parties by an agreement can limit the jurisdiction to one of the Courts-However, parties by an jurisdiction on a court which otherwise does not have jurisdiction-Contract Act, I 872. Respondent No. 1 - Plaintiff no. 1 engaged appellant-defendant for D transportation of certain goods to Bamala for delivery to plaintiff No. 2, where the same got destroyed due to fire before the delivery.
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