JUDGMENT

Lort-Williams, J. - The facts of this case are peculiar. The plaintiffs and defendants entered into an agency agreement for the sale of motor cars in Agra and elsewhere.

2. By Clause 18 thereof it was agreed that

any litigation arising out of this agreement shall be settled in the High Court of Judicature, Calcutta, or in the Small Cause Court, Calcutta, and in no other Court whatsoever.

3. Disputes having arisen the defendants brought a suit in Agra. Subsequently the plaintiffs brought a suit in Calcutta claiming inter alia an injunction to restrain the defendants from proceeding with the Agra suit.

4. Then they applied to the Agra Court for a stay upon the contention that the Agra Court had no jurisdiction owing to the above clause. This application was refused, but a temporary stay was granted pending an application to the High Court at Calcutta.

5. The plaintiffs now ask for an order restraining the defendants from proceeding with the suit at Agra until the final determination of this suit.

6. They base their contention on the above clause, and in addition say that this suit is more comprehensive than the Agra suit, that the contract was made in goods supplied from, and othe