B. DAYAL, J. :- This is a plaintiff's second appeal which has been referred to this Division Bench by a learned Single Judge of this Court as an important question of law was involved therein.

2. The plaintiff filed the present suit for the recovery of Rs. 1,527-8-0 on the allegation that the firm Agarwal Glass Works which was carrying on the business of manufacturing and selling glass phials at Harduaganj District Aligarh sold glass phials worth Rs. 2,700 to the defendant, who gave a cheque for the said amount of Rs. 2,700 on the 4th of October, 1948 on the Hindustan Commercial Bank but the cheque was dishonoured. The plaintiff then demanded the money from the defendant who paid only Rs. 1,506. The plaintiff therefore, filed a suit for the recovery of the balance together with interest thereon at six per cent per annum in the Court of the Munsif of Koil, district Aligarh on the 24th of February, 1950. In the plaint, it was alleged that the transaction had taken place at Harduaganj within the jurisdiction of the Court. The payment was also agreed to be made at Harduaganj and, therefore, the Munsif at Aligarh had jurisdiction to try the suit.

3. At the trial, the defendant, a