SHEKARAPPA KALAKAPPA SHREEGIRI Vs. VEERANAGUDA

JUDGEMENT

(1.) The petitioner filed this civil revision petition against the judgment and award dated 15.12.2012 made in S.C.4/2012 on the file of the Addl. Senior Civil Judge, Gadag dismissing the suit of the plaintiff.

(2.) The petitioner, who is the plaintiff before the trial Court, has filed the suit for recovery of money of Rs.12,684/- along with interest at 6% p.a. against the defendant contending that, plaintiff is the partnership firm represented by its managing partner. The defendant is an agriculturist. Both the plaintiff and defendant are known to each other and on 15.05.2009, the defendant came to the shop of the plaintiff and requested for advance amount of Rs.8,237/-.

(3.) The defendant/respondent has filed written statement denying the plaint averments including the signature in kirdhi book. It is also specifically contended in the written statement that the suit filed by the plaintiff is not maintainable in view of the provisions of Section 84(4) of the Karnataka Agricultural Produce Marketing (Regulations and Development) Act, 1966 (hereinafter referred to as the APMC Act, for short). It is further stated in the written statement that there was no transaction on 15.05.2009 as alleged. Therefore, the defendant sought for dismissal of the suit.