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Puran Chand Amir Chand Vs. Jodh Raj-ram Kumar - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All448; 66Ind.Cas.501
AppellantPuran Chand Amir Chand
RespondentJodh Raj-ram Kumar
Excerpt:
jurisdiction - contract for delivery of goods--cause of action. - 1. the first point taken in this revision is that the cause of action arose outside the local jurisdiction of the court. it seems that the contract was made in bengal and the goods were to be sent to bengal. the only thing done in azamgarh was that the goods were despatched from azimgarh. i do not think it can be said that the cauce at action wholly or in part arose in azimgarh. in this view, the application must succeed with costs. i set aside the decree of the court below and direct it to return the plaint to the plaintiff for presentation to the proper court.
Judgment:

1. The first point taken in this revision is that the cause of action arose outside the local jurisdiction of the Court. It seems that the contract was made in Bengal and the goods were to be sent to Bengal. The only thing done in Azamgarh was that the goods were despatched from Azimgarh. I do not think it can be said that the cauce at action wholly or in part arose in Azimgarh. In this view, the application must succeed with costs. I set aside the decree of the Court below and direct it to return the plaint to the plaintiff for presentation to the proper Court.


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