OM PARKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 3.1.2011. No one appears for the parties although it is 11.50 a.m. THIS case is effective item no.11 on the Regular Board of this court today. I have therefore perused the record and I am proceeding to dispose of the matter.

(2.) THE challenge by means of the present regular first appeal under Section 96 CPC is to the impugned judgment and decree dated 20.11.2000 whereby suit for recovery by appellant/plaintiff was dismissed against the respondents/defendants and which amount was claimed by the appellant/plaintiff on account of having supplied taxis on different dates to the respondent no.1. I may note that the suit was originally filed for Rs.3,37,503.20 p. and during the pendency of the suit, on an application under Order 12 Rule 6 CPC, the suit was decreed on admitted amount of Rs.1,04,460.80 p. THE impugned judgment therefore deals only with the disputed amount of Rs.2,33,042.40 p.

(3.) IN view of the above, I do not find any illegality or perversity in the impugned judgment/decree to persuade me to interfere by setting aside the impugned judgment/decree. The appeal is therefore dismissed leaving the parties to bear their own costs. Trial court record be sent back.