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1920 Supreme(All) 121

GOKUL PRASAD, RYVES
Ram Lal – Appellant
Versus
Bhola Nath – Respondent


JUDGMENT

1. The plaintiffs brought this suit in the Court of Small Causes at Kasganj to recover damages from the defendants, residents of Delhi, for an alleged breach of contract. The defense to the suit for the purposes of this application was that the Court at Kasganj had no jurisdiction to try it, as no part of the cause of action accrued in Kasganj. The Court held that it had no jurisdiction and ordered the plaint to be returned to the plaintiffs for presentation to the proper Court. The plaintiffs some here in revision.

2. The admitted facts relevant to this part of the case are as follows:The plaintiffs are shop-keepers at Kasganj and the defendants are merchants in Delhi dealing in dyes among other things. There had been previous dealings between the parties but these need not now be considered. On the 6th of November 1918, the plaintiffs wrote a letter, which is on the record from Kasganj, asking the defendants to send them four boxes of a particular dye. Nothing was said in the letter as to how the goods were to be sent. In the plaint, however, it is stated in paragraph 6, that the goods were to be sent by value payable parcel post, and there is no doubt that this was unders

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