SWASTIK TRADING COMPANY Vs. JASMIT SINGH ATWAL

JUDGEMENT

(1.) This petition is directed against order dated 16.3.16 of the Additional District Judge No.4, Jodhpur Metropolitan City, in Civil Suit No.42/15, whereby an application preferred by the petitioner under Order VII Rule 11 CPC, stands rejected.

(2.) The relevant facts are that the respondent-plaintiff filed a suit under Order XXXVII CPC for recovery of a sum of Rs.8,31,718/-. As per the averments made in the plaint, the plaintiff who is labour contractor was given contract by the petitioner-defendant for installing Fire Alarm Systems at different construction sites. After completion of the work as per the oral agreement, the plaintiff submitted his seven bills for the period from January, 2014 to March, 2014, amounting to Rs.8,40,120/- showing labour charges as per the rates settled including TDS payable a sum of Rs.8,402/- and accordingly, while deducting the amount of TDS, the amount sought to be recovered is shown to be a sum of Rs.8,31,718/-.

(3.) The petitioner-defendant filed an application under Order VII Rule 11 CPC, seeking rejection of the plaint stating that the suit as framed does not fall within the ambit and scope of Order XXXVII and therefore, deserves to be rejected.