SUNDER LAL Vs. JAI NARAIN

JUDGEMENT

(1.) THIS is an appeal from a judgment of the Civil Judge of Malihabad at Lucknow ordering the return of a plaint for presentation to the proper Court.

(2.) A suit was instituted by the plaintiffs-appellants against the respondents on the allegations that the defendants were asked by the plaintiffs to purchase some cloves for the plaintiffs and in this connection a sum of Rs. 3,000/- was sent to them from Lucknow but the cloves were not delivered to the plaintiffs. The plaintiffs, therefore, claimed Rs. 3,000/- which had been paid to the defendants as also a sum of Rs. 2675/- on account of damages.

(3.) THE defendants contested the suit and the first contention raised by" them was that no part of the cause of the action arose within the limits of the jurisdiction of the lower Court and as such the suit was not within the cognizance of the Civil Judge at Lucknow.