ORDER :

1. Challenge in this writ petition is to the impugned order dated 29.01.2021 passed by the 2nd Civil Judge, Class-I, Rajnandgaon in Civil Suit No.8B of 2018, rejecting application filed under Section 10 of the CPC by petitioner/defendant.

2. Shri Ankit Singhal, learned counsel for the petitioner would submit that petitioner is a registered Company and manufacturer of drippers, used for drip irrigation. Respondent-1 is a dealer, based at Rajnandgaon, CG, who purchased drippers from petitioner through various consignments. Total sale amount was Rs.10,42, 368/-, out of which respondent-1/dealer paid only Rs.7,45,568/- to petitioner and has not paid Rs.2,96,800/- even after several reminders. This made the petitioner to file a Civil Suit, which is pending before the Civil Judge, Senior Division, Kashipur, District Udham Singh Nagar, Uttarakhand, for consideration. Upon receiving notice, respondents-1/plaintiff appeared before the Civil Court at Kashipur and submitted written statement vide Annexure P34. After submission of written statement to suit of the petitioner, respondent-1/plaintiff also filed Civil Suit before the Court at Rajnandgaon seeking relief of damages of Rs.9,60,