SAIBABA KIRANA AND GENERAL MERCHANT BANSWADA V G AND MANDAL NIZAMABAD DIST Vs. MANJRA CHIT FUND COMPANY BANSWADA VG AND MANDAL NIZAMABAD DIST

JUDGEMENT

(1.) This civil revision petition is directed against the order of the Senior Civil Judge, Bodhan, rejecting the plaint in an unnumbered suit holding that the suit is not maintainable.

(2.) The suit was filed seeking a decree for recovery of Rs.4,14,900.00. The Revision Petitioner/ Plaintiff claims to be a prized bidder of the defendant Chit Fund Company. It is pleaded that the plaintiff paid 22 monthly subscriptions and participated in the auction on 6-9-2002 in which he agreed to forego Rs.25,100.00 out of the chit amount of Rs.5,00,000.00. Thus, the defendant Chit Fund Company is liable to pay a sum of Rs.4,74,900/- to the plaintiff towards chit amount and that the defendant has also obtained his signatures on all the relevant documents and promised to pay the said amount within one month. It is also pleaded that the plaintiff agreed to deduct a sum of Rs.60,000/- towards the remaining future instalments and requested the defendant Chit Fund Company to pay the remaining sum of Rs.4,14,900/-, but the defendant failed to do so. Hence the suit.

(3.) The Plaint was returned on an office objection PS to the maintainability of the suit on the ground that the plaintiff failed to file the chit agreement entered into between the plaintiff and the defendant Chit Fund Company. The explanation offered by the plaintiff that he surrendered all the documents to the defendant Chit Fund Company and that except the receipt dated 21-3-2002 which was filed as Document No.4 there is no other document in his possession, was not accepted by the Court below and it was held that in the absence of the agreement said to have been executed by the parties, the suit is not maintainable. Accordingly, the plaint was rejected by order dated 14-2-2003 which is under challenge in this Revision Petition.