TaxTMI 
TaxTMI 
1983 (3) TMI 257
X X X X Extracts X X X X
X X X X Extracts X X X X
....r to the appellant for, carriage at Baroda and under the consignment , note issued by the appellant, the goods were to be carried to Naini. It appears that the truck in which the goods were carried met with an accident, as a result of which the goods were damaged and since the goods were delivered to the first respondent who were the endorsees of the consignment note, in damaged condition, the respondents, filed a suit claiming damages for the loss suffered by the first respondent. The consignment note contained various terms and conditions of the carriage and one of the terms and conditions was that set in Clause 17 which provided that 'The Court in Jaipur City alone shall have jurisdiction in respect of all claims and matters arising (sic....
X X X X Extracts X X X X
X X X X Extracts X X X X
....application in the High Court, but the High Court agreed with the view taken by the Court of Civil Judge. Allahabad and held that since no part of the cause of action had arises in Jaipur, the Civil Court in Jaipur had no jurisdiction to entertain the suit and hence Clause 17 of the Contract of Carriage was ineffectual. The appellant there-upon preferred the present appeal by special leave obtained from this Court. 3. It is now settled law that it is not competent to the parties by agreement to invest a court with jurisdiction which it does not otherwise possess but if there are more than one forums where a suit can be filed, it is open to the parties to select a particular forum and exclude the other forums in regard to claims which one p....