NISHA GUPTA,J. - (1.) THE instant civil first appeal has been preferred against the judgment and decree dated 06/04/1995 passed by the court of Additional District Judge Kishangarh Bas, Alwar by which the suit filed by the plaintiff -appellant for recovery of octroi money has been dismissed.
(2.) THE facts giving rise to the filing of this civil first appeal in brief are that the plaintiff -appellant has filed a suit for recovery of Rs.14,900/ -. The plaintiff's case was that he purchased a Hot Air Chembers from M/s.Technology Sales Corporation, Bombay on 05/09/1990 vide Bill No.469/90 -91. The Corporation sent the Hot Air Chembers through Truck No.H.Y.O. No.883 vide Bilty No.1572 valuing Rs.2,21,000/ -. The plaintiff paid octroi of Rs.1800/ - and receipt thereof was also issued. Thereafter, he received notice to pay Rs.11,940/ - as additional octroi. The plaintiff -appellant wrote a letter to get the physical verification of the material and amount of Rs.11,940/ - has been deposited provisionally and receipt was also issued and suit for recovery has been filed as money has been illegally recovered from the plaintiff. Suit has been dismissed on the ground that civil court has no jurisdiction.
(3.) CONTENTION of the appellant is that money has been recovered illegally from the appellant and no matter in regard to assessment of the octroi was pending hence, suit was not barred and hence, the suit be decreed in favour of the plaintiff. Heard learned counsel for the parties, perused the impugned judgment and decree as well as the original record of the case.;