STATE OF MADHYA PRADESH Vs. GULABDAS AGRAWAL

JUDGEMENT

(1.) THIS first appeal under Section 96 CPC has been filed by defendant-State of M.P. and its functionaries assailing the judgment and decree dated 13.5.1999 passed by learned Second Additional District Judge, Satna in Civil Suit No. 18B/1994 decreeing the plaintiff's suit to the tune of Rs. 44,623.10 paise along with interest as mentioned in the impugned judgment.

(2.) IN brief the suit of plaintiff is that he is the proprietor of M/s. Naveen Art Press and carrying on the business of stationary. In the month of August, 1990 defendant no.2, Executive Engineer (Building and Road) called the plaintiff in his office and in presence of Sub Divisional Officer No.2 Shri R.B. Shrivastava, Divisional Accountant Shri P.N. Vishnoi and Head Clerk Shri Ram Sajeevan directed him to supply different type of stationary for the office of 2nd and 3rd defendants. He was also told that the bills should be given in the name of defendant no.3 -Sub Divisional Officer no.2 from where the payment will be made. The Executive Engineer further directed the plaintiff that on receiving the order slip of Shri Vishnoi and the Head Clerk, he should supply the stationary. Accordingly, the plaintiff started sending the stationary regularly and was also sending regular bills along with the slips which were being sent to him by defendant no.3 on the basis of which the stationary was being supplied. The defendants were keeping the record of the stationary which was supplied by the plaintiff in the measurement book. Earlier also the plaintiff has supplied the stationary to the tune of Rs. 97,000/- and its payment was also made by the defendants.

(3.) DESPITE plaintiff supplied the stationary of Rs. 44,623.10/- for the period 29.9.1991 to 9.4.1992, its payment has not been made. Eventually, he sent a notice under Section 80 CPC on 24.7.1992 which has been received by the defendants. In the notice, the plaintiff made demand of Rs. 46,529.70/- out of which the defendants have cleared the bill nos. 349, 448 and 449 after receiving the notice but still he has to recover a sum of Rs. 46,623.10/-. Thus, the plaintiff prayed for a decree of realization of Rs. 44,623.10/- and interest @ 6% p.a. which comes to Rs. 7,876.90/- in total Rs. 52,500/-.