D. P. MOHAPATRA, J.

( 1 ) ORISSA Mining Corporation Limited, a Company incorporated under the Companies Act, 1956 has filed this appeal challenging the order/decree of the Civil Judge (Senior Division), Bhubaneswar dated 26-3-1994 in Misc. Case No. 75 of. 1993 rejecting the plaint in Title Suit No. 231 of 1992-I under Order 7, Rule 11 (a) and (d) of the Code of Civil Procedure (C. P. C. ). The Misc. , Case was registered on the application filed by defendant No. 1 M/ s, Klockner and Company, a Company registered under the Laws of the Federal Republic of Germany under Order 7, Rule 11 of C. P. C. ,

( 2 ) ORISSA Mining Corporation Limited filed Title Suit No. 231 of 1992 against Klockner and Company International Chamber of Commerce and the State of Orissa, represented through its Chief Secretary seeking the following relief:" (A) A decree for declaration that document dated 20-4-1982 nomenclatured 'marketing Agreement is not an agreement / contract enforceable under law and that plaintiff has no liability under the said document to deliver to the defendant any charge chrome or to indemnify the defendant. (B) A decree for declaration that the document dated 20-4-1982 is inoperative s