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1997 Supreme(Kar) 594

B.K.SANGALAD
KAVERY TRADING, FINANCING AND CHITS (PRIVATE) LIMITED, BANGALORE – Appellant
Versus
S. KRISHNA – Respondent


Advocates:
K.N.LAKSHMI NARASIMHA, K.VITTAL SHETTY

B. K. SANGALAD, J.

( 1 ) THE petitioner has preferred this civil revision petition against the order dated 24-11-1990, passed by the Court of the small Causes Judge, Bangalore in S. C. No. 4809 of 1987 who has allowed I. A. VI, holding that the suit is not maintainable before the Civil Court.

( 2 ) THE petitioner filed the above stated suit against the respondents for recovery of Rs. 8,857/- being the amount to be paid by the respondents in respect of the chit transaction. The first respondent is the subscriber to the chit conducted by the petitioner. The other respondents are the sureties for the first respondent. The chit in question commenced on 16-5-1980 consisting of 111 monthly instalments, the instalment being rs. 100/ -. The first respondent was the successful bidder in the chit auction held on 16-7-1980. He defaulted to pay the 49th instalment. During the pendency, the first defendant filed I. A. VI stating that in view of Section 64 (1) of the Chit Funds Act, 1982 the suit is not maintainable as such the suit ought to be dismissed. After filing of the objections by the plaintiff, I. A. VI is disposed of holding that the suit is not maintainable. Being aggrieved by this ord





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