S. RAMACHANDRA IYER, C.J. :- This is an appeal from an order returning the plaint for presentation to the proper court. The appellant is the plaintiff in the suit which was filed in forma pauperis for recovery of a sum of Rs. 49,000, claimed by way of damages and for prospective loss of commission etc., and for accounts. According to the appellant, he was appointed by the respondents as Factory Representative, in the first instance over the southern part of India for the purpose of appointing dealers for the sale of I. R. P. Radios, manufactured by the respondents. The area of the agency was extended by another agreement between the parties. According to the plaint his duties as representative were to be done at Madras and that on 20th July 1955 the respondents terminated the employment on certain improper grounds which entitled the appellant to claim damages and accounts.

The respondents are carrying on business at Calcutta. The letter terminating the appointment of the appellant was posted at Calcutta and was received by the appellant at Madras. There can be no doubt that the termination of the agency was effected at Madras. The appellant stated in paragraph 19 of his pla