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1976 Supreme(Mad) 547

RAMAPRASADA RAO
Sreepathi Hosiery Mills (P) Ltd. , Calcutta – Appellant
Versus
Chitra Knitting Co. , Tiruppur – Respondent


Advocates:
T.R. Rajagopalan, for Petitioners; R.T. Doraiswami, for Respondent.

Judgement

ORDER :- In spite of S. 19, C. P. C., the Court below was wrong in having entertained the action on the foot that it had jurisdiction to do so. The short facts leading to the present action are as follows. The defendants who were admittedly residents of Calcutta gave a complaint against the goods manufactured by the plaintiff and sent to Bombay for sale and consumption. It is not in dispute that consequent upon such a complaint preferred by the out-of-the State residents the Bombay police took action and seized the plaintiff's goods. The case of the plaintiff was that the defendants misled the police to believe that the consignment of banians and hosieries sent by him from Tiruppur to Bombay bore false name or false mark. He therefore came forward with a suit for damages for loss of reputation and business and filed the action limiting the quantum of damages so as to bring it within the pecuniary jurisdiction of the court of the District Munsif of Tiruppur. The defendants inter alia contended that

the District Munsif Court, Tiruppur, had no jurisdiction to entertain the action. They raised other defences also with which we are not now concerned. The Court was asked to take



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