Judgment :- This is an appeal against an order of the learned Senior Subordinate Judge, Simla, returning the plaint for presentation to another Ct. The suit was for recovery of Rs. 10,725-6-6 on the basis of breach of contract to supply goods ordered by the pltfs. and on the basis of a promise of the defts. to refund Rs. 10,000 paid to them by the pltfs. and for interest. In para. 10 of the plaint, the transaction was based on three grounds: (a) that the cause of action arose at Simla where the goods were to be delivered to the pltfs. on payment of the balance of the price; (b) that after the defts. repudiated the contract to supply goods to them, the relation between the pltfs. and defts. became that of creditor and debtor, and under the law it was the duty of the defts. to pay the money to the pltfs. at Simla; (c) that the defts. also promised to send Rs. 10,000 to Simla.

2. The learned Judge has held that the Ct. at Simla had no jurisdiction on the ground

(1) that it had not been proved that the goods were to be delivered and paid for at Simla,(2) that the goods were "bought F. O. R." and that the freight was to be paid by the pltfs. and(3) that as the commission charges and frei

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