RAMENDRA MOHAN DATTA, J.

( 1 ) THIS is an appeal from the judgment and order of Sabyasachi Mukharji, J. dated March 15, 1976 (The learned Judge allowed the application and directed the plaint to be taken off the file. The application before him was made praying for such an order, inter alia, on the ground, that the plaint did not disclose any cause of action and, alternatively for dismissing the suit on the ground that this Court had no jurisdiction to try or to entertain the suit. The petitioner in the further alternative prayed for stay of the suit.

( 2 ) THE point involved in this appeal relates to the interpretation of Section 230 (3) of the Contract Act, 1872. The appellant No. 1 and the Food Corporation of India, the appellant No. 2 filed the suit against the respondents who were carrying on business, inter alia, as steamer agents of one Black Sea Steamship Company of U. S. S. R. The said Steamship Company was the owner of the vessel "s. S. SUDGA". The plaintiff-appellant No. 2 acted on behalf of the Ministry of Agriculture, Government of India in respect of all importations of fertilizers and foodstuffs. According to the plaintiffs, on October 31, 1973 one Mineral and Meta

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