( 1 ) THIS is a plaintiffs second appeal in a suit for recovery of Rs. 3368. 12 P. on account of unpaid price of a wagon-load of soap-stone amounting to Rs. 3187. 62 P. Rs. 20 as expenses on travelling, Rs. 7. 50 as cost of notice and Rs. 153 as interest. The two courts below have found that the plaintiff did supply the goods to the Firm defendant-respondent No. 1, and the defendant-respondents Nos. 3 and 4, who were the proprietors and partners thereof; that the whole of the amount claimed on account of the unpaid price of a wagon of soap-stone was due and payable; but that the Agra courts had no jurisdiction inasmuch as no part of the cause of action could be said to have arisen at Agra. In arriving at the last finding and the finding that defendant-respondent No. 2 Pooran Chand, who is the father of the defendants-respondents Nos. 3 and 4, was not liable, the two courts below have found that the signatures on the Order Form, ext. 5, were not proved to be those of Pooran Chand or of any one authorised to sign it on behalf of the Firm defendant-respondent No. 1. The lower appellate court has also observed that the mere mention on the Order Form that Agra courts will have jurisdiction could not confer jurisdiction unless it were found that any part of the cause of action had arisen within the jurisdiction of the Agra courts. The plaintiffs case that payment was to be made at Agra under the contract between the parties was disbelieved.

( 2 ) THE finding of the two courts below that the Order Form was not proved to have been signed by Pooran Chand, the defendant-respondent No. 2, is primarily a finding of fact and it is not possible to interfere with it on second appeal. The learned counsel for the plaintiff-appellant could not establish that it suffers from any such error of law as to vitiate it. Similarly, the finding that it was not proved that payment of the goods supplied had been agreed to be made at Agra is also a finding of fact with which it is not possible to interfere on second appeal. That being so, it cannot be said that any part of cause of action arose at Agra and even the Order Form not having been proved to have been signed by the Firm defendant-respondent No. 1 or anyone authorised to sign it on its behalf, the question of conferment of jurisdiction on the Agra courts, by any term provided thereon, cannot arise. But, the learned counsel for the plaintiff-appellant urged that, be that as it may, the suit ought not to have been dismissed, and the court having arrived at the finding that the principal amount, claimed by the plaintiff on account of the unpaid price of the goods supplied to the Firm defendant-respondent No. 1 and its proprietors or partners, namely, defendant-respondents Nos. 3 and 4, was due and payable to the plaintiff, the proper order to pass was to direct the return of the plaint.

( 3 ) HAVING heard learned counsel for the parties, I am satisfied that there is force in this contention of the learned counsel for the plaintiff-appellant. From the facts recited in the judgments of the two courts below and the findings arrived at by them, it appears clear to me that the inability of the plaintiff-appellant to prove that the Order Form Ext. 5 was signed by Pooran chand, defendant-respondent No. 2, who was the father of the defendant-respondents Nos. 3 and 4 was occasioned more by the illegibility of the signatures on the Order Form which read more as Raghunath than Pooran Chand and the ignorance of the plaintiff-appellant of the true credentials of the person, who had signed the Order Form, than by any dishonesty on his part. Moreover, the fact remains that the goods supplied were taken delivery of by the Firm defendant-respondent No. 1 and its proprietors and partners, namely, defendant-respondents Nos. 3 and 4, and they wrongfully refused to pay for the same. The delivery of goods having been taken, the sale was complete and it cannot be said that there was no contract between th