The court below by the order impugned in this revision petition found that it had jurisdiction to try the suit. This finding on issue No.1 raised in the suit is challenged in this revision by the defendant in the suit. The defendant is a firm carrying on business of transport of goods. The plaintiff is a firm doing business at Cochin and in the course of such business the plaintiff delivered goods to the defendant to consign it to Calcutta. According to the plaintiff when the goods were delivered to the defendant firm, they received also the freight payable by the plaintiff, but nevertheless when the goods reached Calcutta the defendant firm insisted upon freight being paid as if freight had not been received earlier and the plaintiff had to pay freight over again. Collection of such freight by the defendant is said to be wrongful and therefore the plaintiff has sued for recovery of the freight paid. There was also a claim for damages for delay in delivery of goods. The defendant while answering the plaint claim on the merits also contended that the court has no jurisdiction as the jurisdiction was only in the court at Calcutta. This was on the basis of condition No. 18