The petitioner is the defendant, a merchant of Tasgoan in Bombay Province. The plaintiff in the suit does business in Calicut and ordered a quantity of “New Chillies Chatni best, dried, thin red” after approval by sample from the defendant. The contract was admittedly one known as C.I.F. and F.O.R.Tasgoan. On the arrival of chillies in Calicut, the plaintiff according to his plaint allegations, found on examination that the chillies were of inferior quality and not according to sample. He had a survey made by the Chamber of Commerce of Calicut whose report, he said, would bear out his allegations. After notification to the defendant, who made no response, the chillies were sold at the risk of the defendant. The plaintiff had paid Rs. 2,900-4-0 by a hundi to the defendant before the goods were despatched. The suit was filed in the District Munsiff’s Court of Calicut to recover a loss of about Rs. 1,500. The District Munsiff of Calicut held that he had no jurisdiction as the cause of action arose in Bombay Presidency. In appeal the learned Subordinate Judge was of of the opinion that part at least of the cause of action arose within the jurisdiction of the Calicut Court which