INDUS TOWERS LIMITED Vs. ASHATAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal of the revision application.

(2.) Present proceedings are filed to challenge the order dated 10.12.2013 made on Exhibit 9 in Special Civil Suit No.349/2012 by learned VIth Joint Civil Judge, Senior Division, Aurangabad. The application at Exhibit 9 was filed by present petitioner defendant under the provision of Order VII Rule 10 of the Code of Civil Procedure and he had prayed for return of the plaint. The said application is rejected by the learned trial Court.

(3.) The suit is filed in respect of the amount, which is due to plaintiff from defendant in respect of supply of diesel. It is the case of the plaintiff that as per the purchase order dated 23.7.2008, the plaintiff had supplied diesel during contract period to the defendant, but only some amount is paid by the defendant and the suit amount is still outstanding against the defendant. It is contended that even after making of demand of this amount by the plaintiff, the defendant has not made payment and so the suit is required to be filed.