BALLABHDAS Vs. FIRM BRINDABAN PURWAR

JUDGEMENT

(1.) THIS appeal under Order 43, rule 1 (a) of the Code of Civil Procedure is directed against an order dated 4 April 1963 whereby the 2nd Additional District Judge, Jabalpur, held that it had no jurisdiction to entertain Civil Suit No. 23-B of 1960 and directed the plaint to be returned for presentation to the proper Court.

(2.) IT is common ground that the plaintiffs carry on business at Jabalpur, that the defendant transacts its business at Mirzapur, that dealings between the parties started in 1952, that the plaintiffs used to send goods to Mirzapur to be sold in the commission agency of the defendant who charged therefor 1% commission and that, on the last occasion, 5 trucks loaded with zinc were thus sent to the defendant. The plaintiffs filed a suit for return of the goods as detailed in schedule C to the plaint or for the price of the goods amounting to Rs. 15,500. The defendant resisted the claim inter alia on the ground that the Jabalpur Court had no jurisdiction to try the suit because the entire contract was made at Mirzapur and the whole money was payable at that station. On the basis of evidence led by the parties, the lower Court, by its order dated 4 April 1963, accepted this contention and returned the plaint for presentation to the proper Court. Being aggrieved, the plaintiffs have filed this appeal.

(3.) THE only other point urged in support of this appeal is that the defendant had agreed with the plaintiffs to account for Rs. 24-8 at Jabalpur which the plaintiffs spent in getting a wagon of sugar redespatched from Jabalpur to Mirzapur. THEre is no evidence about this agreement at all and even the defendant was not cross-examined on the point. It may be that the plaintiffs can claim payment of a sum of Rs. 24-8 on some other account, but that by itself, and without more, cannot alter the forum of a suit by the principal against his commission agent who had transacted business only at Mirzapur.