This Rule has been obtained by the defendant against the order made by the Assistant District Judge, Cachar, in Money Suit No. 23/72, by which he has decided a preliminary objection raised in the suit, namely, whether his Court has got the jurisdicdiction to try the suit, in favour of the plaintiff. The plaintiff-opposite party filed the suit for a decree of Rs. 22,500/- against the defendant petitioner as damages for breach of a contract for sale of 750 bags of sugar inclusive of an amount of Rs. 7,500/- paid as advance. The plaintiff alleged in the plaint that the sugar was to be delivered to the plaintiff at Silchar and so the cause of action in the suit arose at Silchar.

2. The defendant by filing a verified petition raised a preliminary objection as to the jurisdiction of the Court at Silchar. It was alleged in the petition that in terms of clause 3 (b) of the contract all suits arising out of any dispute in respect of the transaction covered by the contract would be subject to the jurisdiction only in the District Court at Saran (Bihar) and as such the Court at Silchar has got no jurisdiction to try the suit. The defendants filed the copies of three sale contracts co