RALLIS INDIA LTD. Vs. ASSAM TRADING CO-OPERATIVE LTD.

JUDGEMENT

(1.) THIS petition in revision is directed against an order passed by the learned Subordinate Judge of the, Lower Assam Districts refusing to stay a suit under Section 10, Civil P.C. The suit in question was filed by the Opposite Party in the Court of the Subordinate Judge at Gauhati in which the opposite party claimed to recover a sum of Rs. 7,699/2/ - from the petitioner -defendant on the ground that the amount had remained outstanding in respect of price due from the petitioner for goods supplied.

(2.) MR . Gupta on behalf of the petitioners has urged that the learned Subordinate Judge has not correctly appreciated the pleadings and in the circumstances disclosed therein he should have directed the stay of the suit. He points out that the claims in the to suits arise out of various orders which were Braced with the plaintiff by the petitioner -defendant for supply of goods, and that the plaintiff -apposite party having ailed to make the supplier in question, the petitioner -defendant had to institute the Calcutta suit for recovery of damages from the opposite party.

(3.) ON the whole, therefore, I am satisfied that the decision of the learned Subordinate Judge is justified. In the circumstances there in no room for our interference. The petition is accordingly dismissed; but we make no order as to costs.