SAGARMAL BHERAJI Vs. SETH SURAJMAL SHIVABUXRAM

JUDGEMENT

(1.) This petition for revision has been filed by the Plaintiff against the order of the Courts below returning the plaint under Order 7, Rule 10, Code of Civil Procedure code for presentation to proper Court.

(2.) THE facts in the case, for the purpose of this application, are not disputed. The Plaintiff had placed an order with the Defendant for supply of linseed oil on 18 -12 -1953. The Defendant's firm is at Bhawani Mandi in Rajasthan. The contract is incorporated in a document Exh. P -1. The Plaintiff paid a sum of Rs. 2,000 as a deposit against the contract. This sum was paid by the Plaintiff at Jaora on a Hundi which was drawn by the Defendant on him and had been sent to him through bank, for payment at Jaora. According to the contract, the goods were to be despatched to Lilua (near Calcutta) and the railway receipt was to be sent by V.P.P. or through bank to be delivered to the Plaintiff on payment of the price. The Plaintiff brought this suit for refund of the amount of deposit on the ground that the Defendant failed to deliver the goods according to the contract.

(3.) IN this case, the offer and acceptance relating to the contract took place at Bhawani Mandi and therefore the contract would be deemed to have been entered into at that place. This position is not disputed by Shri Sanghi for the Petitioner.