RAMACHANDRA.IYER
Patel Bros – Appellant
Versus
Vadilal Kashidas Ltd – Respondent
This is a Revision Petition filed at the instance of the plaintiffs in S.C.S. No. 7610 of 1956 on the file of the Small Causes Court at Madras. The suit is for recovery of a sum of Rs. 281-4-0 as damages for breach of contract for non-delivery of goods contracted to be sold by the defendants. The plaintiff, a firm carrying on business at Madras entered into a contract for the purchase of one bale of cotton cloth with the defendants. The defendant is a limited liability company carrying on business at Bombay. According to the plaintiffs delivery was to be made at Madras. The defendants contested the claim and one of the objections was that the Madras Court had no jurisdiction over the subject-matter of the suit. Beyond filing the contract Exhibit P-1, Exhibit P-2 being a translation of a portion of Exhibit P-1 which is in Hindi, no other evidence was let in, in the case. The learned Judge held that a part of the cause of action arose at Madras and that therefore the suit would be entertainable by the Madras Court. But referring to a statement at the top of Exhibit P-1 which contained the words, "Subject to Bombay jurisdiction," he held that there was a contract excluding t
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