Gupta, J. — This first appeal on behalf of the plaintiffs arises out of a suit filed by them against the respondents in the court of the District Judge No. 2, Jodhpur, on the 29th of April, 1947, for the recovery of a sum of Rs. 29,531/-.

2. The main question that has been raised in this appeal before us relates to the jurisdiction of the Civil Courts in Marwar and it is to be determined whether or not did the defendants actually and voluntarily reside in Mundwa, Marwar at the commencement of the suit so as to give the courts in Marwar jurisdiction to entertain the suit. We have, therefore, to examine the pleadings of the parties and the evidence produced by them in this respect. The plaintiffs have stated it in their plaint that they themselves carried on the business of commission agents in Bombay in the name and style of Ramratan Sheo Bux and had a shop of the same name in Mundwa (Marwar) also, while the defendants who were real brothers, carried on their business in Nizamabad, Hyderabad State, in the name and style of Sitaram Satya Narain and in Mundwa, Marwar in the name and style of Shrikishen Sitaram and that they were the permanent residents of Mundwa Marwar. It was also sta

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