( 1 ) THIS appeal is filed against an order passed by the civil Judge (S. D.), Baroda on 18/07/1987 returning the plaint for presenting it in an appropriate Court.

( 2 ) TO appreciate the controversy in question, few relevant facts may now be stated. The appellant-plaintiff is Indian Oil Corporation Limited (corporation for short ). It is a Government Undertaking, having its registered Office at Bombay. It is carrying on business of refining and marketing petroleum and other allied petroleum products in India. It is also marketing cooking gas, technically known as liquified petroleum gas (LPG) under the trade mark INDANE. This gas is marketed at many places including baroda and for which distributors and/or dealers were appointed by the corporation. One of such agreements was entered into by the Corporation with M/s. Pragat Gas Service through its proprietor Mahesh Ambalal brahmbhatt-defendants in the suit on 7/01/1986. The terms and conditions have been signed by the parties. Certain allegations have been levelled against the defendants by the plaintiff-Corporation that they have committed breach of the terms and conditions of the agreement and violated instructions iss