( 1 ) PETITIONER is the first defendant in O S No. 36 of 1961 on the file of the learned Second Addl; District Judge, Cuddapah. He has filed this revision petition for revising the order passed by the latter in l. A| No 68 of 1967. Shah Maggaji Shermal firm (sole respondent in the present C. R. P.) doerbusiness at cuddapah. It sent turmeric under a contract to first defendant which is a partnership firm doing business at Moradabad. The first defendant did not take delivery, with the result the plaintiff sold the turmeric in bpen market and the plaintiff filed O. S No. 36 of 61 Sub Court, Cuddapah which subsequently came to be renumbered as O. S. No. 15 of 1964 on the file of the learned Second Addl District Judge, Cuddaph. The present defendant (firm of Mora dabad) filed O. S. No. 102 of 60 in the Court of the learned district Munsif, Moradabad in Uttar Pradesh,. for claiming damages regard ing the same transaction putting forward his own pleas. For convenience I am referring to the parties in this case by the denomination in O. S. No. 15/64. The defandant filed I. A. No. 5. 2 of 1967 for examination of Bhagwan swarup Bhagwati Prasad (managing partner of the defendant-partnership)

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