Sharma, J.—This is an application in revision by the defendant Chiranjilal against whom the plaintiff opposite party filed a suit for the recovery of Rs.35143/10/- as damages for breach of contract. The contract was entered into between the parties at Udaipur on the 14th July, 1949 for the supply of till seeds to the plaintiff. The terms of the contract which are relevant for the purpose of the case at this stage are as follows :—

(1) Railway Receipt would be sent through Bank to Kishangarh and the purchaser would atonce take delivery of it.

(2) Seller is responsible for having the Railway Receipt prepared.

2. The defendant raised an objection in the lower court that the Jaipur court had no jurisdiction to entertain the suit as the property was to be delivered at Ratlam and the contract was entered into at Udaipur. The suit could therefore be filed either at Udaipur or at Ratlam. The plaintiff replied that the seller was responsible for having the Railway Receipt prepared and sent to the plaintiff at Kishangarh who was to take delivery of it on payment of the balance of price of goods. The part of the cause of action therefore arose at Kishangarh and the Jaipur court had jurisdiction.

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