(1.) WITH the consent of the parties, the matter is heard finally.
(2.) FEELING aggrieved by the order dated 18 -10 -2005 passed by the IIIrd Additional District Judge, Baster, Jagdalpur (C.G.) in civil suit No. 1 -B/2004, whereby and where under issue No. 4 has been decided in favour of the Defendant/ Respondent and the plaint has been returned to be presented before the jurisdictional court of Dantewada.
(3.) AS per Plaintiff, he constructed the same but the remuneration/contract amount has not been paid to him by the Respondent, therefore, he instituted a suit for its recovery before the trial Court. On an objection taken by the Respondent, one issue as issue No. 4 has been framed which reads as under: