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1917 Supreme(All) 224

GEORGE KNOX
Ganesh Prasad – Appellant
Versus
Bansidhar Baraunia – Respondent


JUDGMENT

George Knox, A.C.

1. The contention raised in this application is that the District Court of Jhansi has wrongly held that the suit was cognizable in the Civil Court at Jhansi, The suit out of which this application has arisen was a suit brought by one Bansidhar Baraunia to recover certain monies due to him. The main item was an item said to be the value of a bale of cotton. The plaint is to the effect that the bale without any order or direction of any kind was sent by the defendant to the plaintiff. The learned Judge says that this is an admitted fact. It has not been shown to me that this statement of the learned District Judge is, in any way, in error. Other items sued for beyond the price of bale were items such as cost of warehousing the bale, railway freight paid, etc. The plaint says that when the plaintiff informed the defendant that be had refused to take delivery of the bale of cotton because he had not ordered the goods, the defendant replied in a letter asking the plaintiff to take delivery and to hold the goods at the defendant's risk. Somehow or other the matter in dispute, viz., the price of the bale of cotton got into the Courts of Cawnpore and the Courts of

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