I.A. No.22699/2014 (under Order 12 Rule 6 CPC)

1. This is an application filed by the plaintiff under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (CPC) for decreeing the suit for recovery of Rs.42,59,309/-. The cause of action as averred in the plaint is that plaintiff was appointed as a distributor by the defendant for marketing of the products “Japan Life Total Sleeping System” and plaintiff was entitled to commission on sale of such products. The amount claimed in the suit is said to be commission due to the plaintiff for sale of products as a distributor of the defendant.

2. By this application, it is argued that the amount which is claimed in the suit is that the amount with respect to which the defendant had issued a total of 11 TDS certificates and once the 11 TDS certificates are found to be issued by the defendant, the defendant is liable to pay the suit amount to the plaintiff. It is also argued that the TDS certificates are deemed to be admitted inasmuch as defendant was given repeated opportunities for admission/denial of the documents of the plaintiff (including the TDS certificates) but the defendant has failed to conduct admission/denial and right to c