Deb, J. - (1.) This is an appeal from an order dated November 9, 1970, staying the suit filed in this Court under Section 10 of the Code of Civil Procedure in view of an earlier suit filed by the respondents against the appellant in the Court of Civil Judge, Ferrukhabad, being Civil Suit No. 61 of 1969.
(2.) The respondent firm was appointed by the appellant as its dealer to sell certain goods in the district of Ferrukhabad. The respondents' case in the Ferrukhabad suit is that the said dealership agreement was cancelled by mutual agreement and thereafter certain transactions were entered into between the parties and in respect of those post contract transactions the respondents became entitled to certain sums of money from the appellant, which sums the respondent is seeking to recover in that suit.
(3.) The defence of the appellant in that suit is that, though some new arrangements were entered into between the parties, the respondents are not entitled to receive any money from the appellant. It has also been denied in that written statement that the dealership agreement was terminated by mutual consent as alleged by the respondents in, that plaint. It has further been pleaded by the appellant in that suit that the respondents have wrongfully repudiated the said dealership agreement and the said wrongful repudiation was accepted by the appellant.;