SABYASACHI MUKHARJI, J.

( 1 ) ON the 27th of January, 1977 the plaintiff filed this suit in this Court against the defendant claiming a decree for Rs. 1,17,100/ -. for interim and further interests and for other incidental and consequential reliefs.

( 2 ) THE suit is by the plaintiff who alleges that he is the sole proprietor of a business and he states that he resides at Bhubaneswar in the State of Orissa and carries on business in the State of Rajasthan. The suit is against the defendant, which is a private limited company. It is alleged in the plaint that the company carries on business, inter alia, at Bhubaneswar in the State of Orissa but has its registered office at No. 3 Jadulal Mullick Road, Calcutta within the jurisdiction of this Court. The plaint is based on certain monetary transactions and accounts stated. The accounts were contained in two documents in which there were the following endorsements: "subject to Bhubaneswar Jurisdiction. " It is apparent from the plaint that the cause of action as pleaded in the plaint, arose at Bhubaneswar' and/or at places outside the jurisdiction of this Court. After the institution of this suit on the 27th January, 1977, writ of sum

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