M/S. J.B. EXPORTS PVT. LTD., A-10 MOHAN CO-OPERATIVE INDUSTRIAL SOCIETY NEW DELHI Vs. M/S J.C. MILLS REGD. OFFICE BIRLA NAGAR, GWALIOR

JUDGEMENT

(1.) BOTH parties of Civil Suit No. 11 -B/90 have preferred separate revisions on different grievance, against one order. This order shall govern the disposal of Civil Revision No. 122/91, filed by M/s. J B. Exports Private Limited/ Defendant, against the Plaintiff -M/s J C. Mills, and other Civil Revision No. 153/1991 preferred by M/s. J. C. Mills Plaintiff against M/s. J. B. Exports Private Limited/Defendant. Both the revisions arise out of the common order passed by the learned 5th Addl. Judge to the District Judge, Gwalior dated 29 -4 -91.

(2.) THE order passed by the Court below is challenged in Civil Revision No. 122/91 by Defendant/J. B. Exports as the suit has been ordered to be proceeded against him ex parte , whereas. Revision No. 153/91 is by Plaintiff M/s. J. C. Mills on the grievance that instead of pronouncing the judgment under Order 8, Rule 10 C. P. C. the Court adjourned the case for recording of the Plaintiff ex parte evidence.

(3.) FACTS relevant to these revisions are very short. A suit was filed by M/s. J. C. Milts against M/s. J. B Exports Private Ltd on the ground that out the charges of processing, done by the Plaintiff, of the cloth of Defendant, an amount of Rs. 3,06,304.19 p. and interest thereon was recoverable from him.