Decided on May 12,2005

Shivam Tractors Appellant
Amar Agrawal Respondents


SUNIL KUMAR SINHA,J. - (1.) By this writ petition filed under Article 227 of the Constitution of India, the Petitioners who are the Defendants, have challenged the legality and validity of the impugned orders dated 24-2-2004 (Annexure P-5) and 26-8-2004 (Annexure P-6) passed in Civil Suit No. 3-B/2004 by which an application filed under Order VII Rule 10 read with Section 151 of Code of Civil Procedure and the application filed under Order VI Rule 17 of Code of Civil Procedure have been dismissed by the trial Court.
(2.) The facts of the case are that the Plaintiff who is a resident of Tahsil Pathalgaon, now district Jashpur (C.G.) filed a suit for recovery of a sum of Rs. 1,34,000.00 alongwith interest against the Defendants. According to the plaint allegations, the Defendants proposed for taking sub-dealership of the Tractor Agency and the Plaintiff agreed for the same. The talks about the proposal and acceptance between them were held in Pathalgaon and the terms and conditions were settled. It was settled that a sum of Rs. 1 lakh shall be deposited by the Plaintiff with the Defendants and the Plaintiff agreed to this offer and assured for sending the said amount. Thereafter, the Plaintiff got prepared a bank draft of the said amount at Central Bank of India, Pathalgaon and the same was received by the Defendants on 16-6-1998 at Raigarh. Acknowledgment of the draft was also issued and it was again assured that the formalities regarding sub-dealership shall be concluded very soon. After receiving of the said amount since the sub-dealership was not given and the amount was also not returned, the Plaintiff filed the suit for the aforesaid reliefs on 21-4-2001 in District Court, Raigarh, Distt. Raigarh (C.G.).
(3.) It is important to mention this fact here that on the date of filing of the suit, Tahsil Pathalgaon was in Raigarh District. However, when the Jashpur District was constituted on 02-10-2003 this Tahsil Pathalgaon came in Jurisdiction of Jashpur District and the matters pertaining to Jashpur District were transferred from District Court Raigarh to District Court Jashpur under certain order of the District and Sessions Judge Raigarh.;

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