MOVERS & CO. Vs. GAS AUTHORITY OF INDIA

JUDGEMENT

(1.) Since the captioned first appeals are arising out of the judgment and decree dtd. 13/12/2006 (hereinafter referred to as "the impugned judgment") passed by the learned 2 nd Additional District Judge, Morbi, District Rajkot in Special Civil Suit no.86 of 2001 (hereinafter referred to as "the suit"), with the consent of the learned advocates appearing for the respective parties, both the appeals are decided and disposed of by this common CAV judgment. For the sake of convenience, the parties are referred to as per their original status in the suit.

(2.) The brief facts, in nutshell, are as under:-

(3.) Mr. R.S. Sanjanwala, learned Senior Counsel submitted that the plaintiff, could not provide the computation of the octroi amount, the details as to when the goods were entered during the contract period. In absence of any evidence, the learned Judge, could not have accepted the claim of the plaintiff and allowed the suit. The plaintiff though has claimed an amount of Rs.18,37,000.00 to be recovered from the defendant no.2 as octroi, there is no clarity as to how the amount has been arrived at except vaguely referring it in the plaint. In the entire plaint, no particulars are provided, much less any details as to when, how and where the goods were entered. It is submitted that there is no evidence or averments made that the goods were entered during the Ijara period. It is submitted that if the plaintiff has laid the claim, it has to lead evidence and there cannot be a claim of any random amount without any basis that can be demanded by the plaintiff. Therefore, the learned Judge without any justification and in absence of any documentary as well as oral evidence, could not have decreed the suit.