Kapur, J.

1. This is a rule directed against an order passed by Mr. Chandar Gupt Suri, Subordinate Judge of the 1st Class, Delhi, holding that the Delhi Courts have jurisdiction to try the suit.

2. On the 1st of September 1947, the Jagjit Sugar Mills Company, Limited, insured some goods for one month against riot risk. These goods were at Jaijon. On the 6th September, 1947, 113 bags of shakkar are alleged to have been looted by a riotous mob and on the 19th October, 1949, a suit was brought by the insured for recovery of Rs. 5,913/11/6 being the loss suffered by them due to the looting. In regard to jurisdiction there was a warrantly clause in the policy in the following words:

"It is hereby warranted that in case of any claims arising in respect of the property hereby insured, the same shall be paid and settled in Lahore and the entire cause of action shall also be deemed to arise in Lahore and further that all legal proceedings in respect of any such claim shall be instituted in a competent Court in the city of Lahore only."

3. The defendants took a preliminary objection that the Courts at Delhi had no jurisdiction, but the learned Judge overruled this objection and held