CHOUDHARY SIA SARAN SINGH, J.

1. The point involved in this civil revision, referred to a Division Bench by a learned single Judge of this Court, is a short and simple one.

2. The petitioner, a Cold Storage Company Private Ltd., existing in the district of Monghyr, entered into a contract of insurance with the National Insurance Co. Ltd., (Opposite Party No. 1), Opposite party No. 1 has its head office at Calcutta but it has different units, one of them being at Patna, opposite party No. 2, Undisputedly, they both undertake the business of insurance in India and are not foreign Insurance Company.

3. An insurance agreement was entered between the parties sometime in the year 1974. Undisputedly, both the Civil Courts at Calcutta as also at Patna were Courts of competent jurisdiction for the purpose of settlement of disputes arising out of the insurance contract. A dispute did arise between the parties and the petitioner filed an application in forma pauperis against the opposite party in the Court of the Subordinate Judge at Patna seeking a relief for Rs. 9 lacs against the opposite party. The opposite party challenged the Jurisdiction of the Subordinate Judge at Patna to ent