R. B. MISRA, J. :- The present appeal is directed against the order of the Additional District Judge, Gyanpur, district Varanasi, dated 10th

April, 1978, disposing of the preliminary issue that the court at Gyanpur had no territorial jurisdiction to try the suit.

2. The facts leading to this appeal are as follows :

3. Plaintiff-appellants Nos. 1 and 2 carried on business in partnership in the name as " Rekha Warenhandels G. m. b. H and Co., K. G 2, Hamburg. West Germany." Defendant respondent No. 1 carried on business of manufacturing Indian hand-knitted woollen carpets and rugs in the name and style of M/s. Satya Naram Lal and Sons, Bhadohi, district Varanasi. The plaintiffs entered into a contract through one Sri M. P. Ramchandran on 9th of Jan. 1973 with the defendants for the purchase of Indian hand-knitted woollen carpets and rugs. The details and particulars of the contract are given in para 3 of the plaint. The terms of the contract were incorporated in a letter-pad at the foot of which was noted;

" All offers are without engagement unless otherwise stated. Subject to Hamburg jurisdiction."

The terms of the contract were all incorporated in the earlier part of the l