M.Y.EQBAL
Bihar Solvent Extraction Co. – Appellant
Versus
Bihar State Forest Development Corporation Limited – Respondent
1. This application at the instance of defendants-petitioners has been filed for review of the judgment and order dated 28-6-95 by which this Court disposed of the Civil revision No. 350/91 with a direction that Title suit No. 8/78 shall be transferred from the Court of Deoghar to a Court at Patna for analogous hearing with a Money Suit No. 226/78.
2. It appears that the petitioners filed Title Suit No. 8/78 in the Court of Sub-Judge, Deoghar for declaration that the defendants have wilfully violated the terms of the agreement and is not entitled to any forfeiture clause of the agreement and a relief for damages was also claimed in the suit. The dispute arose out of an agreement executed by and between the parties with regard to sell and purchase of Sal Seeds. Subsequent thereto the plaintiff, who is opposite party here, filed Money Suit No. 226/78 in the Court of Sub-Judge, Patna for recovery of loss and damages because of the alleged breach of the agreement. The defendants petitioners of Money Suit No. 226/78 filed an application for the stay of the further proceeding of the aforesaid suit till the disposal of Title Suit No. 8/78 under S. 10 of the Code of Civil Procedure
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