INTERNATIONAL MEDITEK PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit for recovery filed against the Union of India, the Director General of Health Services and Dr. Ram Manohar Lohia Hospital.The suit states that certain medicines had been supplied by the Plaintiff to the Defendants the price of which had not been received by the plaintiff. A resolution of these disputes does not fall for decision at this stage since the learned counsel for the Defendants has pressed the present application under Order 7 Rule 11(d), for the rejection of the plaint. The grounds urged are that in their Written Statement the Defendants have raised a preliminary objection that the notice contemplated by Section 80 of the Code of Civil Procedure had not been served by the Plaintiff and, therefore, the suit was not maintainable.

(2.) The relevant averments in the plaint arc to be found in para 10, which is reproduced below:

(3.) The notice dated 14.7.1983 referred to was not filed with the plaint. The List of Documents and List of Reliance mentioned in the Index has been scored out, leading to the conclusion that although it was intended that this Notice be tiled alongwith the plaint, it was subsequently decided not to do so. The Defendants have filed an affidavit sworn by Dr. J.P. Singh, Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi wherein it was deposed that no notice had been received. However an affidavit of Shri B.M.Sahni, Deputy Director Administration in the Directorate General of Health Services along with which a notice dated July 14, 1983 issued by its Advocate to the Defendants has been filed. This notice, however, has been issued on the instructions of M/s. Serge Metal Pvt. Limited, which the learned counsel for the Plaintiff ststes is a sister concern of the plaintiff.