THE BURMAH OIL CO. (INDIA TRADING) LTD Vs. KUNCHANPORE TEA CO. LTD. AND ANOTHER

JUDGEMENT

(1.) THIS appeal is from the judgment and order passed by the learned Assistant District Judge, Lakhimpur District, Dibrugarh on 30 -3 -1968, by which he has ordered the plaint to be returned to the Plaintiff for presentation in proper Court, as provided under Order VII Rule 10 of the Civil Procedure Code.

(2.) THE Plaintiff Appellant has filed Money Suit No. 8 of 1966 for recovery of a sum of Rs. 13,055.78 p. for goods supplied including interest and costs from the Defendant No. 1.

(3.) THE Plaintiff's case briefly is that it is a limited liability Company incorporated in Scotland and has been carrying on business among other places at Digboi as Distributor for the Assam Oil Company Ltd. in the district of Lakhimpur. The Plaintiff Company had been the sole marketing Agents and Distributors for the Assam Oil Company Ltd. for all their products and the Plaintiff is responsible to account to Assam Oil Company Limited for sale proceeds of all their products marketed by the Plaintiff and for that reason the Plaintiff has impleaded the Assam Oil Company Limited as Pro forma Defendant.