KHETIWADI UTPADHAN BAZAR SAMITI Vs. NITINKUMAR MAGANLAL KALARIA

JUDGEMENT

(1.) The petitioner has challenged the legality and validity of the order passed below Ex. 18 on 23-10-1991, by the learned Civil Judge (S. D.) Junagadh in Special Civil Suit No. 1328 of 1986, by filing this revision application under Section 115 of the Code of Civil Procedure.

(2.) The petitioner herein is the original defendant and the respondent herein is the original plaintiff who filed the aforesaid suit for breach of contract for the recovery of earnest money and instalments of Rs. 36,125/- from the petitioner, a statutory committee. It is inter alia contended by the petitioner that the petitioner-committee had let out the premises to its members. In response to the public advertisement published in the newspaper, the respondent had deposited the earnest money and instalments. In a public auction shop No. 74 in 'A' category came to be allotted to the respondent. The said auction was cancelled and the amounts paid by the respondent in respect of the aforesaid shop was forfeited and reduction was made and the said shop was allotted to some other person by the petitioner committee.

(3.) The respondent thereafter filed the aforesaid suit for recovery of the said amount together with interest against the petitioner. Without filing written statement, the petitioner submitted an application, Ex. 18 for rejection of the plaint under Order 7, Rule 11 (d) read, with Section 151 of the Code of Civil Procedure. After hearing the parlies, the trial Court dismissed the application on 23-10-1991. Hence, the petitioner had challenged the legality and validity of the