U.N.Sinha, J.

1. This application has been filed under Sec.25 of the Provincial Small Cause Courts Act by the defendant. It is directed against an order passed by the trial court, in Small Cause Court Suit No. 39/41 of 1967, dated the 31st August. 1968, holding that the court had jurisdiction to try the suit.

2. The relevant facts are as follows: The plaintiff-opposite party has filed the suit in question in the court of the Subordinate Judge, Begusarai, claiming compensation against the defendant for loss of goods by non-delivery to the plaintiff. It is alleged that certain goods had been booked from Varanasi for Monghyr. The plaintiff is said to have given notice under Section 80 of the Code of Civil Procedure to the defendant from Begusarai. The defendant objected to the jurisdiction of the Court at Begusarai to try the suit and the learned Judge has held that as giving of notice under Section 80 of the Code of Civil Procedure forms part of the cause of action, the suit is maintainable at Begusarai. The learned Judge has followed a decision of the Calcutta High Court in the case Raj Kumar Shaw V/s. Dominion of India, AIR 1953 Cal 235. The learned Judge has stated that th