PRABIR RAM BOROOAH Vs. ALBERT DAVID LTD.

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Shri R. Mehdi, Subordinate Judge, Lower Assam Districts. Gauhati dated 25 -5 -1954 by which he ordered that the Money Suit No. 52 of 1953 instituted in his Court by the Petitioner before us be stayed pending disposal of the suit instituted by the opposite party Defendant in the Calcutta High Court on its original side.

(2.) THE facts leading to the institution of the suit in the Gauhati Court as alleged by the Petitioner may be briefly stated: On 23 -11 -1948 the Petitioner entered into an agreement with the opposite party by which the Petitioner was appointed by the opposite party the Sole Distributor of some medicines & certain other articles manufactured by them for sale in the States of Assam, Manipur and Tripura one condition of the agreement was that the Petitioner should prepay the full value of the goods received by the Petitioner from the opposite party, who promised to take back the unsold goods and return their price to the Petitioner. In pursuance of the said agreement the Petitioner invested Rs. 70,000/ - in the goods received for sale from the opposite party.

(3.) THE order of the learned Subordinate Judge is assailed on the ground that the learned Judge committed material irregularity in coming to the conclusion that the suit at Calcutta was not a mala fide one. He merely observed that the previously instituted suit will not, I think, constitute an abuse of the process of the Court. It is argued by the learned Counsel for the Petitioner that the correspondences referred to in the petition and the notices sent to the opposite party before the institution of the Calcutta suit lead unmistakably to the conclusion that the opposite party had no bona fide claim to make and realising that the Petitioner was about to institute a suit, the suit at Calcutta was instituted with the manifest intention of avoiding their liability arising out of the agreement between the parties.