Mitra, C.J.

This Rule is directed against an order dated the 12th January, 1971 of the Full Bench of the Court of Small Causes, Calcutta arising out of an application against an order dated the 3rd May, 1968 passed by the Third Bench of the Court of Small Causes in Suit No. 116 of 1966. On the 24th February, 1963, 167 bags of Arhar were tendered at Chanda Fort Rly. Station on the Central Railway for being carried to Ramkristopur, a station in South Eastern Railway. The consignor and the consignee were the same. The railway receipt issued by the Railways was endorsed and delivered to the petitioner against payment of the Punjab National Bank Limited, Brabourne Road Branch, Calcutta. There was a short delivery of the goods and the petitioner, on January 13, 1966 instituted a suit in the Court of Small Causes, Calcutta for Rs. 1,349.56.

2. The first question that arose for determination before the Court of Small Causes, was with regard to the jurisdiction of the court to try the suit. It was argued on behalf of the plaintiff that by reason of the endorsement of the railway receipt against payment in Calcutta, the Court of Small Causes bad jurisdiction to entertain the suit. Th