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Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): N. Santosh Hegde, B. P. Singh , JJ

(A) Constitution of India , Art.133— New plea - Though having some legal backing - Not entertained in appeal - Since sufficient foundation was not laid in pleadings - Nor was the plea raised before lower Courts. Contract of agency was terminated by the principal. The agent filed a suit (first suit) for declaration that the order of termination of agency was illegal. Interim order not to interfere with his agency was also obtained by the agent. The principal, during pendency of suit again terminated the agency on ground of financial irregularities. The agent filed a suit (second suit) for permanent injunction. Order of status quo was also obtained. A revision against status quo order was filed by principal. During pendency the principal filed an application for the dismissal of first suit on the ground the same had become infructuous because of the subsequent and fresh notice of termination which was the subject-matter of the second suit. The I.A. was rejected. Rejection was confirmed by H. C. In appeal to Supreme Court the following three pleas were raised : a) A suit challenging a notice of termination of an agency which is in the nature of a personal contract is not maintainable; b) A suit simpliciter for declaration without seeking any consequential relief is also not maintainable; c) First suit having become i....