NATHMAL GHASILAL Vs. PHOOLCHAND RAMNARAIN

JUDGEMENT

(1.) THE only question involved in this revision application is whether the Court of the Civil Judge II Class Morena has jurisdiction to entertain the suit.

(2.) THE facts necessary for the decision are that a telegram was sent on 13 -5 -1959 by the plaintiff's firm at Morena to the defendant firm at Rajnandgaon inquiring about the rate of ram -pulses The defendant by a telegram dated 14 -5 -1959 informed the petitioner that the rate was Rs. 43 8 -0 per bag. The petitioner thereafter sent a letter on 16 -5 -1959 in which he placed an order for supply of one wagon load of pulses. This letter was received by the plaintiff on 18 -5 -1959. The agreement between the parties was that the R. R. for the goods will be received on payment of the price by the vendee at Morena.

(3.) APPLYING these principles to the present case it would follow that the offer to buy a certain quantity of pulses was received by the defendant firm at Rajnandgaon, its acceptance was also put in the course of communication at Rajnandgaon. The contract must, therefore, be held to have been made at Rajnandgaon.