JUDGMENT :- This is an appeal by M/s. Kanpur Sugar Supply Company, Kanpur, plaintiff, against an order of the learned Additional District Judge, Kanpur, allowing its appeal in respect of the special costs and at the same time directing that the plaint shall be returned to the plaintiff for presentation to a competent court.

2. The plaintiff had placed certain orders with Harsukh Lal and Brothers, Rajkot, as commission agent. Certain disputes arose in connection with these business transactions and the plaintiff instituted a suit at Kanpur, the suit being for accounts and also for the recovery of money.

3. The trial court held that the suit was not cognizable by the Kanpur court and was also of the opinion that no amount was due to the plaintiff. The suit was, therefore, dismissed with costs and the plaintiff was further directed to pay Rs. 500/- as special costs. The plaintiff went up in appeal challenging both the orders. The learned Additional District Judge was of the opinion that the suit was not cognizable by Kanpur court and, therefore, directed return of the plaint. Even if it be assumed that a part of the cause of action arose at Kanpur, the present is a case where the plaint

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