JUDGMENT

Niamatullah, J. - I agree with the conclusions arrived at by any learned brother and desire to make a few observations on some of the questions of law which ha has so elaborately discussed in his judgment. It is contended on behalf of the defendant-appellant that the Court of the Subordinate Judge at Agra had no jurisdiction to try the suit. It is pointed out that the contract between the parties was entered into at Baroda, where payment was to be made, and that the defendant's place of business is also at Baroda. The plaintiff's reply to this objection is that the cause of action for the suit arose partly, at any rate, at every one of the places where, according to the terms of the contract between the parties, sleepers could be delivered and that Agra was one of the places where the contract made it permissible for the plaintiff to make delivery. The agreement does not mention in clear terms that the plaintiff could deliver at Agra; but the language employed in the various orders can leave no room for doubt that Agra was one of the places where sleepers could be delivered. To quote the precise words : "F.O.R. Stations on R.K., N.W., E.I., B.N., and B.N.W. Railways." These