INSPIRATION CLOTHES AND U Vs. COLBY INTERNATIONAL LIMITED

JUDGEMENT

(1.) This appeal has been preferred against the order passed on 07/01/2000 by learned Single Judge allowing the respondent's application (IA.6510/99) for rejection of plaint and thereby dismissing the suit of the plaintiff/appellant.

(2.) Facts in brief are that on 17/05/1999 the appellant filed a suit claiming decree against the respondent for specific performance of the contract or in the alternative for recovery of damages. The prayer clause reads:-

(3.) After the defendant was served in the suit, an application (IA.6510/99) was filed by the respondent/defendant seeking rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure (for short "Civil Procedure Code") on the ground that the plaint does not disclose any cause of action against the respondent. The application was vehemently opposed by the appellant. By the impugned order, learned Single Judge held that the plaintiff has no locus standi and cause of action to file the suit against the defendant. The suit against the defendant as an agent of its principal, who is a foreign buyer is not maintainable. The suit accordingly was dismissed as not maintainable against the defendant/respondent.