NANDLAL PANNALAL MARWADI Vs. KISANLAL CHATURBHUJ

JUDGEMENT

(1.) This was a suit to recover from the defendant Rs. 2,000 on taking accounts in respect of the sale of 162 bales of cotton sent by the plaintiff to the defendant for disposal between April 18, 1920, a April, 5, 1921. The plaintiff resides at Warangaon in the Bhusawal Taluka and sent the goods from Warangaon to Bombay to the defendant who was his Pakka Adatya. There was no allegation in the plaint that a part of the cause of action arose within the jurisdiction of the Bhusawal Court. The allegation in the plaint was that the plaintiff asked the defendant to settle the accounts with the plaintiff, and the defendant refused to send the statement of accounts to the plaintiff at Warangaon, and therefore the cause of action arose at Warangaon within the jurisdiction of the Bhusawal Court. The learned Subordinate Judge held that the Bhusawal Court had no jurisdiction to entertain the suit and returned the plaint to the plaintiff for presentation to the proper Court. An appeal was filed against this order to the District Court, and the learned District Judge also came to the conclusion that the Bhusawal Court had no jurisdiction to entertain the suit and dismissed the appeal. The plaintiff has filed this application for revision.

(2.) A preliminary point is taken on behalf of the opponent that this Court has no jurisdiction to interfere under Section 115 of the Civil Procedure Code with the decision of the lower appellate Court on the ground that there was only a mistake of law, if 1928 any, committed by the lower appellate Court and reliance is placed on the decision in the case of Balakrishna Udayar V/s. Vasudeva Ayyar (1917) I.L.R. 40 Mad. 793, s.c. 19 Bom. L.R. 715, P.C. The question of law in this case involves a question of jurisdiction and we have power to interfere under Section 115 of the Civil Procedure Code. See Vishvanath Govind Deshmane V/s. Rambhat (1890) I.L.R. 15 Bom. 148.

(3.) It is urged on behalf of the applicant that part of the cause of action arose within the jurisdiction of the Bhusawal Court because the goods were sent from Warangaon, and reliance is placed on Clause (c) of Section 20 of the Civil Procedure Code and also on ill. (a) to that section.