JUDGMENT

Ameer Ali, J. - This is an application to revoke leave granted under Clause 12 of the Charter in a case where the plaint disclosed or purported to disclose a part of the cause of action in Calcutta. Standing counsel for the applicant himself described it as a novel application. That in itself does not make it any the worse. In point of fact, this is the first application of the kind that I have known. The plaint is to recover the balance of an account due from the defendant Churamoni Shaha to Baijnath Jograj amounting to Rs. 11,762; both these persons or firms being residents of Bhagalpur and carrying on business at Bhagalpur and nowhere else. This debt was assigned by Baijnath Jograj, the creditor, to the present plaintiffs, Harnathrai Binjraj, on 17th August 1932, the suit being brought on 23rd August 1932. The summons in the suit was served on 19th September 1932. Considerable correspondence took place between the attorneys for the parties between the date of the service of the summons and November 1932. This correspondence is annexed to a second affidavit on be half of the respondents to this application, the plaintiffs, which affidavit is objected to on the ground that