Bapna, J.—This is an appeal against an order of the learned Civil Judge, Balotra, dated 28.7. 1955 directing return of the plaint.

2. The plaintiffs Ramkaran, Bhanwarlal, Remeshwar Lal, Ramrakh and Jasraj instituted a suit in the court of Civil Judge, Balotra, on 12.3.1951, against Gulab Chand, a resident of Kanpur, on the following allegations: The plaintiffs Nos. 1 to 4 carried on business at Karachi in the name and style of Ramkaran, Bhanwarlal. Owing to disturbances following the partition of the former Dominion of India, the plaintiffs being Hindus had to close their shop at Karachi, which became part of Pakistan, and came to Balotra as displaced persons, and had been living there as such. It was alleged that the defendant had a shop at Kanpur under the name and style of Nanagram Chauthmal. It was alleged that the plaintiffs firm at Karachi had certain dealings with the Kanpur firm, as a result whereof the plaintiffs were entitled to recover Rs. 5,147/6/6 inclusive of interest on their claim. The grounds on which the suit was instituted in the court of Civil Judge, Balotra, were—

(1) That the defendant had agreed to remit the amount at Balotra;

(2) That it was the duty of the deb

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