VISHNU SAW MILLS Vs. VITTHAL RAO

JUDGEMENT

(1.) THIS revision -application is filed by the defendants and arises out of a suit for damages for breach of contract.

(2.) THE plaintiff's case in the plaint is that the defendants under two separate contracts agreed to sell to Messrs Ramchandrarao Badrilal, Timber Merchants, Indore, three wagons of timber on certain terms but they supplied only one and a half wagon and failed to deliver the remaining goods; that the defendants having thus committed breach of contracts had rendered themselves liable to pay damages to Messrs Ramchandrarao Badrilal.

(3.) IN Para -7 of the plaint the plaintiff has alleged that the goods were to be delivered at Indore and the price was also payable at Indore and that the Indore Court had therefore jurisdiction to entertain the suit.