- (1.) THIS is a revision application by the defendant against an order of the Judge, small Cause Court, Bhilwara, holding that he has jurisdiction to try the suit. The revision application has been contested by the plaintiff.
(2.) M/s. Krishna Agencies, Jaipur delivered 48 tins of Sarson oil to defendant M/s. Singhal Transport having its head office at Udaipur for carriage to Bhilwara. The consignment was to be delivered to the plaintiff M/s. Jesaram Jamumal of bhilwara. It was booked by goods ticket No. Fr. 508961 dated 26-6-65. On the face of this ticket it is printed: "the Consignor has expressly declared that the above particulars furnished by him or by his representative or his Agent are correct. No prohibited goods or articles are included and that he is fully aware of and accepts the conditions of carriage given on the back side of this consignment receipt. Signature of Booking Official signature of Consignor. "
(3.) THE above print is signed by the booking official but is not signed by the consignor. On the back of the goods receipt 17 conditions are printed of which two are relevant for purposes of this case and are reproduced below: "12 The consignor shall be primarily liable to pay the transport charges and all other incidental charges if any at the Head Office of the Company in Udaipur or at any other agreed place. " "17. The court in Udaipur City alone shall have jurisdiction is respect of all claims and matter arising under the consignment or of the goods entrusted for transport. " When the consignment was delivered to the plaintiff at Bhilwara one tin was found to be wholly empty and two tins were found to be partially empty. The present suit was instituted for the recovery of damages for short delivery against the defendant in the court of Judge Small Causes, Bhilwara. It was resisted by the defendant inter alia on the ground that the court had no jurisdiction to try it.;