SECRETARY OF STATE Vs. MASK AND CO

JUDGEMENT

(1.) 1. The sole question for determination in this appeal is as to the jurisdiction of the civil Courts to entertain the suit. The appeal is taken from a judgment and order of the High Court of Judicature at Madras, dated February 2, 1938, which set aside a decree of the Subordinate Judge at Cuddalore, dated March 30, 1937 (which had dismissed the respondents' suit on the ground of want of jurisdiction), and directed the Subordinate Judge to restore the suit to the file and to dispose of it on the merits.

(2.) THE respondents are a firm of merchants, having their head office at Pan-ruti in the Province of Madras, and, in the course of their business, they import betel-nuts from Java into British India. THE facts in the present suit, which was filed by the respondents on April 10, 1934, are not materially in dispute. THE suit relates to two consignments of betel-nuts, imported by the respondents in December, 1932, from Java to Pondicherry by sea, and thereafter by rail to Panruti. THEse consignments, which originally consisted of 3,927 bags in all, were repacked at the Port of Pondicherry, owing to damage to the gunnies, into 4,063 bags, before importation into British India. THE consignments were imported into the Province of Madras by rail and carts from Pondicherry to Panruti by various instalments, the first of which consisted of 1,000 bags imported through the Customs station at Pondicherry on December 31, 1932. THE remaining bags were imported in several instalments in the months of February, March and November, 1933, through the Customs stations at Pondicherry and Madalapet.