R.N.Misra, J. - (1.)THIS is a Plaintiff's application under Section 25 of the Provincial Small Cause Courts Act directed against the order of the learned S.C.C. Judge, Berhampur, refusing to pass a decree on the ground of lack of territorial jurisdiction.
(2.)DEFENDANT carries on business of manufacturing multi -coloured quality calendars in the name and style of 'Calendar Printing Works' at Sivakasi within the State of Tamil Nadu. Under an agreement to which Plaintiff and Defendant are parties, Plaintiff worked as agent of the Defendant. It is conceded that the terms are as printed in the application form (Ext. 4). According to the Plaintiff he secured certain orders and became entitled to commission, but Defendant in spite of demands, failed to pay the same. Therefore, he filed a suit in the Court of the learned S.C.C. Judge at Berhampur, claiming recovery of a sum of Rs. 358. 92.
Defendant joined issue refuting its liability to make any payment and contended that the Court at Berhampur had no jurisdiction in view of Clause 11 of the terms of agency vide Ext. 4.

(3.)THE learned Trial Judge found that the Defendant owed some amount to the Plaintiff, but dismissed the suit upholding the defence contention that he had no jurisdiction to entertain the suit.