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1956 Supreme(AP) 57

UMAMAHESWARAM
PRABHA SINGH SURJIT SINGH FIRM, MADRAS – Appellant
Versus
SANKA NARASIMHA RAO – Respondent


UMAMAHESWARAM, J.

( 1 ) THIS Civil Revision Petition raises an interesting question of law. The petitioner herein filed S. C. No. 2602 of 1950 in the Court of Small Causes madras for recovery of the prices of goods supplied by him to the respondent herein. The respondent filed S. C. No. 586 of 1950 in the court of the District munsif of Bezwada against the petitioner herein, for recovery of a sum of rs. 82-2-3 being godown charges, railway freight, demurrage etc. , paid by him.

( 2 ) ON the application of the petitioner, the suit filed in Bezwada was transferred to the court of Small Causes Madras and numbered as suit No. 2013 of 1952. Both the suits were tried together. The Small Cause Judge held that the court had no jurisdiction to entertain suit No. 2602 of 1950 as the cause of action had arionly in Vijayawada and he directed the plaint to be returned for presentation to proper court. In the suit which was transferred he held that the respondent was entitled to a decree for a sum of Rs. 20-12-3 by way of freight and demurrage charges. The basis of the decree was that the respondent had rightly rejected the goods as they were not in accordance with the goods agreed to be sold. Th






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