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TMI Blog1935 (12) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... uld point out to the learned District Judge that when he allows an appeal on a preliminary point of law, which necessitates the remand of the suit for further trial or a re-trial of the suit he should refrain from making any remarks in his judgment concerning the merits of the claim, as by so doing he must necessarily prejudice the further trial or new trial on remand. In this particular case the learned District Judge held that the plaintiff- appellant's suit must be dismissed because it was tried by the Township Court of Myinmu which had no jurisdiction to try it, that was all that was necessary for the decision of the appeal before him. The further inconclusive remarks concerning the merits of the claim should not have been made. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 Bang 451 Soniram Jeetmull v. R.D. Tata Co. Ltd., 1927 P C 156=102 I C 610=54 I A 265= 5 Rang 451 (P C), and it does not appear that this decision was brought to the notice of the learned District Judge. In a suit brought by a principal against an agent in the case of a commission agency business, under Cl. (c) of S. 20, Civil P.C., the suit can be brought either where the contract was made or where the accounts are to be rendered and payment is to be made: See 56 Bom 324 Devidatt Ramniranjandas v. Shriram Narayandas, 1932 Bom 291=137 I C 381=56 Bom 324=34 Bom L R 236. In this particular case it seems clear that accounts were as a matter of fact to be rendered at Myinmu, for there is evidence that the accounts of the transactions into w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atachalam Pillai v. Rajaballi M. Sajun, 1935 Mad 663=156 I C 1041=68 M L J 504 (FB). Apart from the fact that in the present case payment was actually made by the respondents at Myinmu, there was an implied obligation upon them, arising from the terms of the contract and the necessities of the case, that payment should be made to the appellant at Myinmu. Consequently part of the cause of action arose at Myinmu, and the Township Court of Myinmu had jurisdiction to try this suit. 4. Although the learned District Judge in his judgment in first appeal has made some remarks regarding the merits of the appellant's claim, the merits have not been fully gone into, and, consequently, while allowing this appeal, it will be necessary to remand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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