STATE OF KARNATAKA Vs. SUDHAKAR KULKARNILABIC

JUDGEMENT

(1.) This regular first appeal filed by the State assailing the judgment and decree passed by the Principal Senior Civil Judge and CJM, Bidar dated 30.01.2013 in O.S.No.64/2011 whereunder the suit filed by the appellant against defendant for recovery of a sum of Rs.45.30 lakhs has been dismissed by rejecting the plaint in exercise of power under Order VII Rule 11(d) of Code of Civil Procedure.

(2.) Brief facts of the case are :

(3.) It was further alleged by the plaintiff-State that loss caused by defendant was brought out by the Audit committee in its CAG report and said report was referred to investigation committee headed by H.J. Jalihal and consisting of two other members and they in turn have submitted a report for recovery of said loss caused to State. Based on said report, a decision is said to have been taken by the appropriate Government by order dated 16.02.2010 for filing suit for recovery which was alleged to be cause of action to file the suit. Hence, suit in question came to be filed for recovery against defendant.