INDUSTRIAL CO Vs. SANTI KUMAR

JUDGEMENT

(1.) This is a plaintiffs second appeal in a suit for recovery of Rs. 1744.67 P. with pendente lite and future interest.

(2.) The plaintiff is a co-operative society. According to the plaint allegations, the defendant was employed as a sales-manager on 1st March, 1954 on the plaintiffs retail depot at Sikandra; the position of the defendant was that of an agent; that there was a fire in the night of 27th/ 28th May, 1958, whereafter it was discovered on enquiry set up by Deputy Registrar, Co-operative Societies, that the defendant had made incorrect entries in the stock register, with the result that goods of the value of Rs. 1744.67 P. were not accounted for by the defendant in the accounts maintained by him. The report of the enquiry made by the Deputy Registrar, Co-operative Societies, was dated 28th June, 1959 and the plaintiff came to know of the defendants misconduct from that report. The defendant was asked to make good the value of the goods not accounted for. He failed to do so. Hence, the suit for recovery of Rupees 1744.67 p. along with interest at the rate of 1 per cent per mensem amounting to Rs. 255/- up to the date of the suit.

(3.) The defendant denied the plaintiffs allegations. One of the pleas taken by him was of limitation.