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2012 Supreme(Ori) 365

B.N.MAHAPATRA
Hawkins Cookers Ltd. , Represented through its General Manager – Appellant
Versus
Jagannath Traders Represented through its Proprietor Bishnukanta Bajaj – Respondent


Advocates appeared:
For Petitioners: M/s. S.S. Das, K. Behera, S. Modi, P.K. Ghosh & S.S. Pradhan.
For Opp. Party : M/s. T.K. Satpathy & A.K. Mohanty.

JUDGMENT

B.N. Mahapatra, J.

1. In this Civil Revision Petition challenge has been made to the order dated 10.11.2010 passed by the learned 1st. Addl. Civil Judge (Senior Division), Cuttack in Money Suit No. 114 of 2008 by which the application of the petitioners under Order 14, Rule 2(2), CPC to decide the question of jurisdiction as the preliminary issue has been rejected.

2. Petitioners’ case in a nutshell is that Opp. Party as Plaintiff 1st filed Money Suit. No.114 of 2008 before the Civil Judge (Sr. Division) Court, Cuttack which was subsequently transferred to the court of learned 1st Addl. Civil Judge (Sr. Division), Cuttack praying therein to pass a decree for Rs.1,93,316/-against defendant-petitioners along with pendente lite and future interest. As per the case of the plaintiff-opp. Party, it was appointed by the present petitioner-defendant no.1 on 01.10.2006 as an authorized wholesale dealer to deal with all the products of Hawkins in the State of Odisha on the basis of terms and conditions of the appointment letter. Further case of the plaintiff is that as per usual practice after receiving the purchase order, the defendants-petitioners shall deliver the goods within sev





























































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