SULEMAN BHANJI Vs. EMANDI PYDIRAJU

JUDGEMENT

(1.) THIS appeal arises oat of a suit (Civil Suit No. 4 -B of 1955) instituted by the Plaintiffs -Appellants in the Court of First Civil Judge, Raipur, claiming Rs. 5,847 -2 -0 as the price of goods supplied to the Defendant.

(2.) THE Plaintiffs alleged in the plaint that the Defendant entered into a contract through his representative with the Plaintiff (No. 1) through his commission agent, Plaintiff (No. 2), for the purchase of two wagon loads of bones at the rate of Rs. 230 per ton F. O. R. Raipur on 25 -2 -1952 or thereabout. The contract was alleged to be made at Raipur. The goods in pursuance of the contract were despatched in the month of June 1952 and were received by the Defendant. The Defendant, however, purported to have stocked the goods for the Plaintiffs as they were not according to sample and were of inferior quality. The Defendant did not pay the price of the goods. Hence, Plaintiff No. 1 joining Plaintiff No. 2 as merely a pro forma Plaintiff with him, brought this suit for the recovery of price and interest.

(3.) THE trial Court framed four preliminary issues covering the objection about jurisdiction of the Raipur Courts to try the suit. It held that the contract was made at Raipur and, therefore, the suit was triable at Raipur but it further held that the agreement recorded in Exh. D -1 dated 26 -2 -1952 was made between the parties and on the basis of this agreement, it had no jurisdiction. Consequently, the trial Court ordered the plaint to be returned to the Plaintiffs for presentation to the proper Court. Being aggrieved by this decision, the Plaintiffs have filed this appeal.