NATHUBHAI RANCHHOD Vs. CHHABILDAS DHARAMCHAND

JUDGEMENT

(1.) The suit out of which the present application arises was brought in the Small Cause Court at Sarat. The plaintiff claimed Rs. 200, alleged to have been paid to the defendant through the defendant's agent, who had come to Sarat for receiving payment there. The defendant is a resident of the Sachin State.

(2.) Section 20 of the Civil Procedure Code, which is applicable, refers to the place where the defendant at the commencement of the suit actually and voluntarily resides.

(3.) The main argument before me was that the Sarat Court had no jurisdiction to try the suit. The question of jurisdiction is not specifically dealt with by the trial Judge, I have therefore to decide whether the evidence and findings justify the decree. The question depends on whether any part of the cause of action arose at Sarat : Civil Procedure Code, Section 20 (c).