M/S S.A.S Agro Foods vs M/S Jayalakshmi Transports
2021 Latest Caselaw 913 AP

         THE HON'BLE SRI JUSTICE K. SURESH REDDY

            CIVIL REVISION PETITION No.627 of 2019

ORDER :

This Civil Revision Petition is filed by the petitioner against

the Order, dated 22.2.2019 passed in I.A.No.60 of 2019 in

O.S.No.233 of 2012 on the file of the Court of Principal Senior Civil

Judge at Gajuwaka, Visakhapatnam District.

2. Brief facts of the case are that the petitioner is the plaintiff in

the above suit and he filed the same against the respondents

before the learned Senior Civil Judge, Vizianagaram, for recovery of

money. The said Court returned the plaint holding that it has no

territorial jurisdiction to entertain the suit and directed to present

before proper Court at Visakhapatnam by Judgment, dated

3.12.2018. Accordingly, the petitioner presented the plaint before

the learned Principal Senior Civil Judge at Gajuwaka,

Visakhapatnam on 17.12.2018. Along with the plaint, he filed

I.A.No.60 of 2019 seeking to condone the delay of 47 days in

representing the plaint. The said I.A was allowed and the delay

was condoned. Thereafter, by virtue of the docket order dated

22.2.2019, the learned Principal Senior Civil Judge at Gajuwaka

returned the plaint holding that the Court at Gajuwaka has no

jurisdiction.

3. Aggrieved by the same, the petitioner herein filed the present

civil revision petition.

4. Heard learned counsel for the petitioner and learned counsel

for the respondents.

5. On perusal of the averments of the plaint, it discloses that

the Court at Gajuwaka has got jurisdiction to entertain the suit in

O.S.No.233 of 2012 as part of the transaction has taken place

between the parties at Gajuwaka. Therefore, Court at Gajuwaka

can also entertain the above suit.

6. In that view of the matter, the Civil Revision Petition is

allowed and the docket Order, dated 22.2.2019 passed in

O.S.No.233 of 2012 on the file of the Court of Principal Senior Civil

Judge at Gajuwaka, Visakhapatnam District, is hereby set aside.

The learned Principal Senior Civil Judge at Gajuwaka,

Visakhapatnam District is directed to take the suit in O.S.No.233

of 2012 on file and proceed in accordance with law. There is no

order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall

stand closed.

_______________________ K. SURESH REDDY, J 17th Februray,2021.

RPD.

HON'BLE SRI JUSTICE K. SURESH REDDY

CIVIL REVISION PETITION No.627 of 2019

Dated : 17.02.2021

RPD.