GULAB CHAND DHANARAJ Vs. P ANANDAN PROPRIETOR SRI SAI BABAS TEXTILE
HIGH COURT OF MADRAS
GULAB CHAND DHANARAJ
P. ANANDAN, PROPRIETOR, SRI SAI BABA'S TEXTILE
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Ramaswami, J. -
(1.) This civil revision petition has been filed against the order made by the learned District Munsif of Cannanore in O. S. No. 331 of 1949.
(2.) P. Anandan, proprietor, Sri Sai Eaba's Textiles, Cannanore entered into an agreement with Messrs. Gulab Chand Dhanraj, cloth merchants and commission agents, 12 Narmal Lohia Lane, Calcutta in regard to the supply of textile goods by the forner who was a manufacturer to the latter who were customers. The agreement between them contained an important covenant namely para. 7 of Ex. A. 1, the orders are accepted by the manufacturers at their office at Cannanore and the payments are all to be made at Cannanore and the cause of action in all these cases will arise only at Cannanore. In these circumstances in regard to a certain transaction namely a contract which was entered into by the agent of the plaintiff at Calcutta and which was subsequently confirmed by the principal at Cannanore a suit was filed by the defendants in the Court of Small Causes at Calcutta claiming certain reliefs against the plaintiff. The plaintiff promptly objected and pointed out that under the terms of the contract the defendants herein were not entitled to file a suit there at all and that the Small Cause Court at Calcutta could not entertain such a plaint. This plea was overruled by the Small Cause Judge as well as by the Full Bench which confirmed the decision of the Small Cause Court Judge.
(3.) The plaintiff has filed a suit in regard to the same contract in the Court of the District Munsif of Cannanore for recovery of a sum of Rs. 1897-14-0 and interest as damages from the defendants for breach of contract and also for costs of the Suit.;
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