RAM BAHORI Vs. TATA FINANCE LTD. AND OTHERS

JUDGEMENT

(1.) THIS appeal has been preferred by plaintiff against the impugned order of the trial Court returning the plaint to him for filing it in the proper Court.

(2.) A suit for declaration and injunction has been filed by plaintiff praying therein that the proceedings dated 27 -11 -1992 by which the impugned truck was seized by defendants be declared illegal and arbitrary and it be also declared that the loss which had occurred to the plaintiff is liable to be deducted in terms of monthly instalment. The plaintiff further sought relief of injunction that defendants be restrained by taking the law in their own hands in order to seize the impugned truck by unlawful means.

(3.) IN brief, the case of the plaintiff/appellant is that he bought one Tata Truck bearing registration No. M.P.I7 -A/2270 from respondent No. 3 on 17 -2 -1992. The said truck was partly financed by the Tata Finance and the plaintiff was required to pay a monthly instalment of Rs. 15,200/ - as against the price of the truck Rs. 3,71,228/ -. The appellant had already paid a sum of Rs. 2,08,637/ -to the respondent and spent Rs. 85,000/ - in the construction of the body of the truck. On account of certain unavoidable circumstances which are mentioned in the plaint, there was some default/in making the payment of monthly instalment. Eventually, one employee of respondent -company Shri Harsh Vardhan Singh, illegally and in a high -handed manner took forceful possession of the appellant's truck on 25 -8 -1992 and kept it at Rewa for sometime. Thereafter, on the orders of the General Manager, the truck was released on 4 -9 -1992. As per the averments made in the plaint thereafter the plaintiff paid one more instalment of Rs. 15,200/ - but again the said truck was seized by the respondents on 27 -11 -1992 and took it to Jabalpur.