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Interpretation of Item 4, Clauses (iv) and (v) of the First Schedule of the City Civil Court Act. Detailed Analysis: The judgment addressed the issue of whether the plaintiff was a mercantile agent as per the relevant provision of the City Civil Court Act. The trial judge had ruled that the plaintiff did not qualify as a mercantile agent under Clause (v) of Item 4 of the First Schedule due to the nature of his appointment as a commission agent. However, the High Court disagreed, emphasizing that the plaintiff's appointment as a commission agent did not exclude him from being considered a mercantile agent. The court cited English statutes to support the broader definition of a mercantile agent, stating that even a single transaction as a commission agent could qualify. The court concluded that the plaintiff met the criteria of a mercantile agent under Clause (v) of the Act. Furthermore, the judgment discussed that both parties were merchants and traders, and the transactions involved the sale of goods. The court pointed out that the transactions could be considered as falling under Clause (iv) of Item 4 of the Act, in addition to Clause (v). As the claim exceeded the specified amount, the court ruled that the suit was beyond the jurisdiction of the City Civil Court under both clauses. Consequently, the court allowed the petition, overturned the trial judge's decision, and instructed the return of the plaint for presentation to the appropriate court. The judgment highlighted the importance of interpreting the provisions of the City Civil Court Act accurately to determine jurisdictional matters. It clarified the definition of a mercantile agent and emphasized that even a single transaction as a commission agent could meet the criteria. The court's decision underscored the need for a comprehensive understanding of the legal framework to ensure proper adjudication of disputes falling within the purview of the Act.
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