Chhangani, J.—This is a plaintiffs revision against an appellate order of the District Judge, Bharatpur, dated 8th September, 1955, dismissing the plaintiff-petitioners appeal and maintaining the order of the Civil Judge, Bharatpur dated 22nd November, 1954 returning the plaint for presentation to the proper court.

2. The facts of the case broadly stated are as follows:—

The plaintiff-petitioners, Balloram and Varyamal claim to be the proprietors of a firm Bansiram Balloram which at one time carried on business in Sibi Baluchistan, now a part of Pakistan. The defendant-non-petitioner no. 1, Seth Uttamchand Bishandas is a firm carrying on business as commission agents and bankers at Meerut in Uttar Pradesh. The defendants no. 2 to 6 who are non-petitioners in the revision petition, viz. Kishandas, Ramdas, Pehumal, Tekchand, Joturam and Jethmal, are said to be its partners.

3. The plaintiffs case is that they appointed the defendants firm as their commission agents for the purchase of jaggery in November-December, 1946 and in that connection, paid various sums of money to the defendant firm either in Pakistan or at Meerut.

According to the plaintiffs, it was agreed that the defendants wo

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