( 1 ) THIS is a revi-sional application at the instance of the defendant, the State of Orissa (hereinafter referred to as the defendant) and is directed against an order dated June 10, 1982, passed by the learned Subordinate Judge, 1st Court, Alipore, in Money Suit No. 18 of 1978. By the order impugned, the learned Subordinate Judge has decided a preliminary issue on the point of court's jurisdiction to try the suit.

( 2 ) GOENKA Investment and Mining Industries Private Limited, a Company incorporated, under the provisions of the Companies Act, 1956 (hereinafter referred to as the plaintiff) instituted the aforesaid suit claiming a decree for a sum of Rs. 2,82,97,355. 62 by way of damages and alternatively claiming an enquiry into the damages suffered by them and for a decree for such sum as may be found due on such enquiry. The plaintiff's case shortly is that by an agreement dated July 15, 1971, the defendant appointed the plaintiff an agent for mining, getting and raising coal from a colliery known as Handidhua Colliery situate within the District of Dhenkanal in the State of Orissa and for sale and despatch of coal for a period of 25 years with effect from the