P. C. MISRA, J.

( 1 ) THE defendants in O. S. No. 86 of 1977-III of the Court of Subordinate Judge, Bhubaneswar, are the petitioners in this revision. The present opposite party filed the aforesaid suit for realisation of Rs. 20,885. 70 paise from the defendants towards the value of the consignment and interest thereof on the allegation that the goods in those consignment were misappropriated by them. The present petitioners filed a written statement denying the plaint allegations and alleging that the goods were delivered to M/s. Panda Medical Hall, Jajpur as per the telephonic instructions of the plaintiff. It was further alleged in the written statement that as per condition No. 17 embodied in the consignment note all the disputes relating to the consignment were subject to the jurisdiction of the Court at Cuttack and, therefore, the Court at Bhubaneswar had no territorial jurisdiction to entertain the suit. Issues were framed by the trial Court, one of which was "has this Court jurisdiction to try the suit" ? A petition was filed on 2-12-80 on behalf of the defendants to decide the said issue relating to the jurisdiction of the Court as a preliminary issue instead of deferring