STATE OF UTTARANCHAL Vs. S.S. LAMBA

JUDGEMENT

(1.) HEARD standing counsel for the State and Shri Anil Kumar Bisht, counsel for the Respondent.

(2.) BY the present first appeal filed under Section 96 of Code of Civil Procedure, the Appellants have prayed for setting aside the judgment and decree dated 15 -7 -2004 passed by the District Judge, Pithoragarh in civil suit No. 12 of 2003.

(3.) ACCORDING to the case of the Plaintiff, the firm Lamba and Company, has supplied the G.I. Band, G.I.C. Diset and Chain Rinch to the department of Defendant No. 1 in pursuance of the written as well as oral orders placed by the department of Defendant No. 1. In the year 1989, from the month of July to October, the Plaintiff has supplied the goods to the Defendant No. 1. On 3 -10 -1989 the Plaintiff firm has supplied the goods to the extent of Rs. 83, 470/ - to the department of Defendant No. 1 in its store situate at Pithoragarh which was received by the Defendant No. 1. It has been alleged that the Defendant No. 1 has not made the payment for the said goods. He has requested several times, orally and in writing, and the department has always assured for the payment of the same but he has not been paid the amount. The Defendant No. 1 has also acknowledged by its letter dated 10 -8 -1995 to the effect that the goods dispatched by the Plaintiff have been received. The Plaintiff has not been paid for the same where in point of fact the department of the Defendant No. 1 is using the goods delivered by him. The Plaintiff has also sent a notice under Section 80 of Code of Civil Procedure but inspite of the notice the Defendant No. 1 has failed to make the payment, hence the suit.