( 1 ) THE order passed by the learned Civil Judge (J. D.) at upleta on 21st April 1992 below the Application at Exh. 15 in Regular Civil Suit no. 153 of 1986 rejecting the plaint of the petitioner herein is under challenge in this revisional application under Sec. 115 of the Code of Civil Procedure, 1908 (the Code for brief ).

( 2 ) THE facts giving rise to this revisional application may be summarised thus : The petitioner as the plaintiff filed one suit for a decree in the sum of rs. 5,226 against the respondent herein in the Court of the Civil Judge (J. D.) at upleta. It came to be registered as Regular Civil Suit No. 153 of 1986. It was the case of the petitioner herein that he deposited Rs. 1,000 on 6th July 1986 and rs. 4,000 on 8th July 1986 with the defendant towards allotment of one shop in the proposed construction undertaken by the defendant in the marketing yard. The respondent as the defendant without filing its written statement made an application under Order 7 Rule 11 (d) of the Code with a prayer that the present petitioners plaint should be rejected as it was barred by Sec. 58 of the Gujarat Agricultural produce Market Act, 1963 (the Act for brief