JUDGMENT - S.W. PURANIK, J.:---Defendant No. 1 Pralhad had objected to the maintainability of the suit filed by non-applicant No. 1-Ramkrishna against himself and non-applicant Nos. 2 and 3. The said application Exhibit 12 came to be dismissed by the trial Court by its order dated 5-12-1981 passed below Exhibit 12 in Reg. C. S. No. 115 of 1981.

2. Non-applicant No. 1 Ramkrishna is the original plaintiff who filed the said suit on the ground that he is an agriculturist, that he had cultivated cotton crop and the raw cotton produce was sold by him through a broker defendant No. 2 under the superintendence of the Agricultural Produce Market Committee, Yavatmal-defendant No. 3. Inspite of his right to the price of the agricultural produce sold by him, the Market Committee defendant No. 3 made over the payment through Adity or broker- defendant No. 2 to defendant No. 1. According to the plaintiff, therefore, all the three defendants have committed a fraud upon him by issuing payment to a wring person and the plaintiff agriculturist has not been paid the price of the agricultural produce sold by him in the market committee area.

3. The defendant No. 1 filed application Exhibit 12 for dismi

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