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1961 Supreme(AP) 178

JAGMOHAN REDDY, P.CHANDRA REDDY
Dasee Veerabhadrayya Venkatasubbayya Firm, Vijayawada – Appellant
Versus
Biswanath Jagdish Prasad, Sri Ganganagar, Pepsu Province – Respondent


JAGANMOHAN REDDY, J.

( 1 ) THE Civil Miscellaneous Appeal is against the Order of the First Additional Subordinate Judge, Vijayawada, directing the return of the plaint under Order 7, rule 10, for presentation to the proper Court on the ground that that Court has no jurisdiction to entertain it. The defendant has also filed a memorandum of Cross-objections against the direction to pay half costs of the plaintiff.

( 2 ) THE plaintiff, a registered firm carrying on business at Vijayawada, placed an order on the defendant carrying on business at Ganganagar, for the supply of 600 bags of Bengal-gram and 200 bags of Bengal-gram-dhall at Rs. 10 and Rs. 12 per maund respectively. The plaintiff s agent, one Venkatarangaiah, had gone to Ganganagar to acquaint himself with the business there, as one of its previous agents had taken a job elsewhere, and at that time Rs. 500 was paid to the defendant at Ganganagar. Subsequently, when a hundi for Rs. 5,000 was drawn on the plaintiff payable to the defendant through the Bank of Bikaner, the plaintiff honoured the same and paid the amount. Later, a sum of Rs. 10,000 was sent to the defendant by the plaintiff through a telegraphic money order. In












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