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1921 Supreme(All) 80

GOKUL PRASAD, PIGGOTT, RAFIQUE, RYVES, WALSH
Buddhoo Lal – Appellant
Versus
Mewa Ram – Respondent


JUDGMENT

Rafique, J. - The Reference to the Fall Bench raises the question of the revisional powers of this Court u/s 115 of the Civil Procedure Code. It appears that the plaintiff resides and carries on business as a sloth merchant in Etawah, while the defendants are commission agents who live and carry on business at Cawnpore. A dispute arose between them in connection with the orders given by the plaintiff for the purchase of cloth. The plaintiff thereupon instituted a suit in the Court of the Munsif of Etawah for the recovery of a certain amount by way of damages. One of the pleas taken in defence was that the Court at Etawah had no jurisdiction to entertain the suit which should have been filed in tin Civil Court at Cawnporer. The learned Munsif, instead of trying all the issues raised in the case, proceeded to receive evidence and hear arguments on the question of jurisdiction only, He disposed of the issue of jurisdiction be his order dated die 27th of August 1919 against the defendants. A formal order was drawn up later on, embodying the decision of the issue. The defendants preferred an application in revision from the raid order, seeking the interference of this Court u/s

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