Issue 1

1.Whether the High Court has (territorial) jurisdiction to entertain the present suit.

It is humbly contended before this Hon’ble High Court of Zigaro that the contention is sought to be
proved by way of three-fold argument: [1.1] It is valid under the principle of Section 9, Civil Procedure
Code, [1.2] Producing case under Legal Provisions of Section 90 of Code of Civil Procedure 1908 is
valid, (C.P.C.), India and [1.3] It is valid under the principle of Section 34, Civil Procedure Code.

[1.1]

Every court has its own jurisdiction to decide the case like Civil court can only decide the matters
pertaining to the land disputes, Rights and Liabilities of the parties to the case.

Also as per the jurisdiction of the civil court, it is clearly mentioned under section 9 of the civil
procedure code in which it is state;

Courts to try all civil suits unless barred.

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil
nature excepting suits of which their cognizance is either expressly or impliedly barred.

Arbitration is a private method for dispute resolution. Arbitration cannot happen without consent of
parties to submit their dispute to arbitration instead of court, which in our case was not entertained
for our client.

Respondent failed to mention about the irregularities that might happen at the time of binding of
contract for construction, he was duly notified about the inevitable delay that may occur.

[1.2]

We also have carefully considered the respective submissions made by the parties. Before embarking
on the examination of the respective contentions of the parties, it would be worthwhile to reproduce
Legal Provisions of Section 90 of Code of Civil Procedure 1908, (C.P.C.), India – Power to state case for
opinion of Court. Where any persons agree in writing to state a case for the opinion of the Court, then
the Court shall try and determine the same in the manner prescribed.

[1.3]
The principle of Section 34, Civil Procedure Code also states that -

A person deprived of the money to which he is legitimately entitled has a right to be compensated for
the deprivation, call it by any name. It may be called interest, compensation or damages. This basic
consideration is as valid for the period the dispute is pending before the arbitrator as it is for the
period prior to the arbitrator entering upon the contract.

Actions such as not honoring the contract when there is inevitable delay with facts provided non
payment of dues and forcing other party to arbitration is not justified.

Therefore, in light of the above submissions, it is humbly submitted that the High Court has
(territorial) jurisdiction to entertain the present suit.