9911796707
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Jurisdiction of the Township Court of Myinmu to try a suit on a contract of commission agency. Analysis: The judgment by Dunkley, J. allowed the appeal, acknowledging that the order of the learned District Judge dismissing the plaintiff-appellant's suit could not be supported. The District Judge should have returned the plaint under the provisions of O. 7, R. 10, Civil P.C. Dunkley, J. emphasized that when an appeal is allowed on a preliminary point of law necessitating remand for further trial, the judge should refrain from making remarks on the claim's merits to avoid prejudicing the subsequent trial. The District Judge's decision was based on the lack of jurisdiction of the Township Court of Myinmu to try the suit, not on the claim's merits. The suit involved a contract of commission agency where the plaintiff-appellant alleged that the defendants-respondents, commission agents in Rangoon, were negligent and acted against instructions, leading to losses. The respondents argued that the Myinmu Court lacked jurisdiction. The appellant contended that part of the cause of action arose at Myinmu, allowing the suit under Cl. (c), S. 20, Civil P.C. The District Judge relied on a previous case but did not consider a Privy Council decision that modified it. The judgment highlighted that in commission agency suits, jurisdiction can be where the contract was made or where accounts are handled, as evidenced by the location of transactions and payments in this case. The judgment referenced a Privy Council decision stating that the duty to pay a creditor includes finding the creditor to make the payment. It concluded that the circumstances implied an obligation for the respondents to pay the appellant at Myinmu, where part of the cause of action arose. Citing relevant cases, the judgment emphasized that the implied obligation, based on the contract terms and necessities, supported Myinmu's jurisdiction. Despite the District Judge's remarks on the claim's merits, the judgment remanded the case to the District Court for a proper decision, ensuring a full examination of the merits. The costs of the appeal were tied to the District Court's decision, with specified advocate's fees.
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