JUDGMENT - Gajendragadkar, J.

1. This is an appeal against the order passed by the Civil Judge, Senior Division, Baroda, directing that the plaint be returned to the plaintiff for presentation to the propert Court. By his plaint the plaintiff had claimed to recover Rs. 10,800 from the defendants on the ground that there was a valid contract between the parties and that the defendants had failed to perform their part of the contract. In other words, it is an action for damages for breach of contract. The defendants reside at Kanpur, outside the local limits of the jurisdiction of the Civil Judge at Baroda, and the plaintiff conceded that the Civil Judge in whose Court he filed the plaint would have no jurisdiction to entertain the suit under the provisions of Section 20, Sub-sections (a) and (b), of the Code of Civil Procedure.

He, however, alleged that the cause of action had accrued partly within the jurisdiction of the Civil Judge and so the suit as filed before him would be competent under Section 20 (c), Civil P. C. The defendants denied this allegation and contended that the whole of the contract had been made outside the jurisdiction of the trial Judge and so the provisions of

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