MANAKLAL AND SONS Vs. MADANLAL

JUDGEMENT

(1.) THIS is a defendant's revision application against an order of the Civil Judge, Jodhpur, holding that he has jurisdiction to try the suit.

(2.) THE plaintiff who resides and carries on business at Jodhpur wrote to the defendant who carries on business at Bombay asking him to quote the prices of some machines and the terms under which he was willing to supply them. In reply the defendant sent letter Ex. 1 from Bombay on 11. 12. 58. In this letter the price of Band Saw Machine (item No. 5 at page 6 of the letter) was quoted at Rs. 1,725/-less 10% and 5% resale discount F. O. R. Works. It was mentioned that Central Sales Tax will be extra, that insurance will be extra at 1% against breakage risk in transit, if required, and that payment of 33% was to be made in advance along with the order and the balance against railway receipt through bank.