DISTRICT COLLECTOR Vs. K KUNHAMBU NAIR

JUDGEMENT

(1.) The appellants herein are the defendants and the respondent herein is the plaintiff in O.S.No.281/1994 on the files of the Munsiff's Court, Kannur. The aforesaid suit was filed against the defendants, the District Collector, Kannur and the Block Development Officer, Edakkad, for realisation of a sum of Rs.9,025/- along with 10% interest. The parties are referred to as in the original suit.

(2.) According to the plaintiff, he is the owner of "Jai Kerala Motor Workshop, Kannur", a workshop approved by the Government. He used to undertake repairing works of the Government vehicles as it was approved by the Government. The vehicle, No.KLT 4773, belonging to the 2nd defendant was repaired from the workshop of the plaintiff during the period from 26.9.1982 to 15.7.1986 and, in that account, an amount of Rs.5,144/- was outstanding towards the plaintiff as the repairing charges, during the said period. Out of the total amount, the defendants had paid two bills for Rs.490/- leaving a balance of Rs.4,654/-. Though the plaintiff had issued notice to the defendants demanding payment of the balance amount, the dues were not paid, despite the receipt of lawyer's notice demanding the same. Consequently, the plaintiff instituted the aforesaid suit for realisation of the said amount with interest.

(3.) In the written statement, the defendants contended that the suit was barred by limitation. According to the defendants, no repair works had been carried out by the plaintiff during the period from 26.9.1982 to 15.7.1986, as alleged in the plaint; but, admitted receipt of the lawyer's notice from the plaintiff demanding payment of an amount of Rs.4,654/-, as repairing charges of the aforesaid vehicle. But, according to them, in the reply notice, the defendants asked the plaintiff to prove the claim, as the office records with the defendants did not show any amount due to the plaintiff and no work order was given to the plaintiff as alleged. So, no amount was due to the plaintiff as claimed in the plaint or in the notice. Thus, the plaintiff has no cause of action to file the suit against the defendants.