SATHISH INDUSTRIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant was the plaintiff in O.S.No.97/1998 in the Court of the II Addl.Civil Judge (Sr.Dn.), Shivamogga, (henceforth for brevity referred to as "the trial Court") who has filed the said suit against the present respondents for recovery of a sum of Rs. 88,788/- with interest thereupon.

(2.) The summary of the case of the plaintiff in the trial Court was that, at the specific request of defendant No.5, who at the relevant point of time, was working as Assistant Executive Engineer in the 4th defendant's office, had supplied furniture and equipments to the said 4th defendant's office on 2.11.1996 and 15.11.1996 under delivery challan. The goods were worth Rs. 66,696/- The defendants even after receiving the supplies of furniture and equipments made by the plaintiff, have failed to make payment towards the same. In that connection, the plaintiff had written several letters to them demanding the amount due to it. 5th defendant sent a baseless reply. The plaintiff got issued a statutory legal notice under Section 80 of Code of Civil Procedure, 1908, to the defendants on 16.3.1998. Since the defendants did not pay the amount, the plaintiff was constrained to institute the suit.

(3.) The defendant Nos.1 to 4 entered appearance through the District Government Pleader. The 5th defendant appeared through his counsel. It was only the 4th and 5th defendants who have filed their written statements. The 4th defendant in its written statement had denied all the plaint averments, including the alleged supply of furniture and equipments by the plaintiff to it. It also expressly denied its liability to pay any amount to the plaintiff, much less, the suit claim amount with interest thereupon. The 5th defendant also in his written statement denied all the plaint averments made by the plaintiff. He has specifically denied that he had made any request to the plaintiff to supply furniture and equipments and that the plaintiff had supplied the same. He also denied that he had made any promise to make payment immediately after the supply.