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A.S. Arumukam Pillai Vs. Abdealli Chandabhai Attarwalla - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in103Ind.Cas.37
AppellantA.S. Arumukam Pillai
RespondentAbdealli Chandabhai Attarwalla
Excerpt:
civil procedure code (act v of 1908), section 21 - cause of action--agency for sale--agreement by principal not to sell goods in specified area--suit by agent for damages alleging breach--proper forum. - 1. the plaintiff was employed by the defendant to sell the goods of the latter in the madras presidency among other places. the present suit was filed in the sub-court at tinnevelly. under para. 10 of the contract between the parties the defendant was not to sell the goods in the area allotted to the plaintiff. the plaintiff alleges that this was done in contravention of the agreement. the case seems to be practically identical with that reported in raipur . v. joolaganti venkatasubba rao 70 ind. cas. 284 : 14 l.w. 341. we follow that decision, reverse the order of the subordinate judge and direct that the suit be taken on his file.2. the defendant will pay the plaintiff his costs.
Judgment:

1. The plaintiff was employed by the defendant to sell the goods of the latter in the Madras Presidency among other places. The present suit was filed in the Sub-Court at Tinnevelly. Under para. 10 of the contract between the parties the defendant was not to sell the goods in the area allotted to the plaintiff. The plaintiff alleges that this was done in contravention of the agreement. The case seems to be practically identical with that reported in Raipur . v. Joolaganti Venkatasubba Rao 70 Ind. Cas. 284 : 14 L.W. 341. We follow that decision, reverse the order of the Subordinate Judge and direct that the suit be taken on his file.

2. The defendant will pay the plaintiff his costs.


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