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Mr. Pinaki Misra, the learned counsel for the appe l-

lants, submits that Clause 11 of the agreement having pr o-

vided that any dispute arising out of this sale shall be subject to Kaira jurisdiction, the parties are bound by it and the suit could therefore have been filed only with in Kaira jurisdiction and not at Salem, and as such, the Hi gh Court committed error of law in setting aside the Tri al Court judgment and in directing the Court as Salem to ente r-

tain the suit. Mr. S.S. Javali, the learned counsel for t he respondent, submits that what is being called Clause 11 of the agreement was only one of the general terms and cond i-

ant No. 1 under which the parties agreed that all sui ts arising on or out of the contract, would be instituted in the Court at Salem, the Division Bench held that it was tr ue that the suit could have been instituted either at Salem or at Howrah under section 20(c) of the Code of Civil Proc e-

dure, as the cause of action, admittedly arose in part in both the places and it was therefore a case where two Cour ts had concurrent jurisdiction and, in such a case, it was op en to the parties to make a choise restricting the Court in which the suit under or upon the contract could be institu t-

ed. In other words, both the Courts having territori al jurisdiction, the parties by their agreement waived the ir right, to institute any action, as aforesaid except at Salem. It was observed that under those circumstances it w as not open to the plaintiff to object to the order for retu rn of the plaint for presentation to the Court at Salem as t he choice of forum in case of alternative forums lies with t he plaintiff and the plaintiff having debarred or preclud ed itself from going to any other Court except at Salem whi ch would be a proper Court as against the defendants it wou ld not be just to allow the plaintiff at the instance of a ny other party or under cover of its objection to institute t he suit except in-the Court at Salem.

mangalam Road Salem, Tamilnadu. The statement made in t he Special Leave Petition that Udyognagar, Mohamadabad, Gujar at is within the jurisdiction of the Civil Court of Kaira has not been controverted. We have already seen th at making of the contract was a part of the cause of action a nd a suit on a contract therefore could be filed at the pla ce where it was made. Thus Kaira court would even otherwi se have had jurisdiction. The bobbins of metallic yarn we re delivered at the address of the respondent at Salem whic h, therefore, would provide the connecting factor for Court at Salem to have jurisdiction. If out of the two jurisdictio ns one was excluded by Clause 11 it would not absolutely ou st the jurisdiction of the Court and, therefore, would not be void against public policy and would not violate sections and 28 of the Contract Act. The question then is whether it can be construed to have excluded the jurisdiction of t he Court at Salem. In the clause 'any dispute arising out of this sale shall be subject to Kaira jurisdiction' ex fac ie we do not find exclusive words like 'exclusive', 'alone ', 'only' and the like. Can the maxim 'expressio unius e st exclusio alterius' be applied under the facts and circu m-