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1972 Supreme(HP) 35

D.B.LAL
Sohan Singh – Appellant
Versus
Mohammad Aishak Tyagi – Respondent


Advocates:
Sh. R.N. Malhotra, for Petitioner; Sh. Inder Singh, for Respondent.

Judgement

ORDER :- Mohammad Aishak Tyagi has filed a suit in the Court of the Senior Subordinate Judge, Bilaspur, for recovery of Rs. 13,390/- against M/s. Sohan Singh and Co., Government Contractors, and the allegation is. that the plaintiff is entitled to that amount on account of labour charges because the defendant engaged him to procure labour in connection with his contract for the construction of Court buildings at Bilaspur. The defendant put forward preliminary objections that the plaintiff had no locus standi to file the suit because the defendant was liable to pay the labour charges direct to the labourers and the plaintiff had nothing to do with such payment and that the plaintiff himself had filed an application before the Labour Inspector and the proceedings being pending there, could not be agitated by filing a regular suit in Civil Court. On these two legal pleas which were preliminary in nature, the learned Senior Subordinate Judge framed two specific issues : one on the locus standi of the plaintiff and another on the jurisdiction of the Court. Under Order 14, Rule 2, Civil P. C. it was open to the learned Senior Subordinate Judge to decide these issues at first, be











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