M. P. CHINNAPPA, J.

( 1 ) THE plaintiff-petitioner herein filed a suit in S. C. No. 4792 of 1995 on the file of the X Additional Judge, Court of Small Causes, Bangalore (SCCH 14) to recover a sum of Rs. 8,990/- from the respondent on the allegation that the petitioner had entrusted certain quantity of materials to be transported and delivered to its customer viz. , M/s. Asian paints at Bombay. While the goods were delivered to the consignee at bombay, some of the items were found to be damaged during transit as a result of which the materials had become useless. The consignee rejected the goods and claimed Rs. 13,990/- being the value of the damaged goods and the same was paid to the Asian Paints by the petitioner. After adjusting the freight charges, the petitioner brought a suit for a sum of rs. 8,990/- being the difference amount payable by the respondent towards the loss or damage caused to the petitioner.

( 2 ) THE respondent filed written statement contending among other things that the Small Causes Court has no jurisdiction to try the suit on the ground that under Section 8 (2) of the Small Causes Court Act (hereinafter referred to as 'the Act'), the claim made by the petitio

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