MADHAVAN NAIR
Muhammad Esuff Rowther – Appellant
Versus
M. Hateem and Co. – Respondent
Madhavan Nair, J.
1. The plaintiff is the petitioner. This Civil Revision Petition arises out of a suit instituted by the plaintiff for recovery of Rs. 50 said to be the advance sent by him to the defendant firm with respect to certain goods ordered by him. The plaintiffs case is that he had given orders to the defendant firm not to send the goods per V.P.P. but that in as much as the defendant sent the goods per V.P.P. in contravention of his order, he refused to receive the goods and that he is now en-titled to the refund of the Rs. 50 advanced by him. The other contention raised by the plaintiff need not be referred to for purposes of this Revision Petition. The defendant denied having received any intimation from the plaintiff before they sent the goods that the goods were not to be sent by V.P.P. The defendant also contended that the Court had no jurisdiction to try the suit since the cause of action arose at Madras and not within the jurisdiction of the trial Court, namely, the District Munsifs Court of Tiruvarur. With reference to those contentions two important points arose for determination in the lower Court : (1) Whether the plaintiff was right in refusing to take de
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