BHAGWANDAS GOYAL Vs. KRISHI UPAJ MANDI SAMITI

JUDGEMENT

(1.) ON 11 -7 -1984 this Court admitted the appeal for hearing parties on the following two substantial questions of law : -

(2.) ON 2 -9 -1980 the plaintiff/appellant filed a suit for recovery of Rs. 8,818.96 P. against the defendant/respondent alleging that in spite of having completed the work contract the amount of security deposit, earnest money and final bill were not paid to the plaintiff. Prior to the institution of the suit the plaintiff had served a notice under Section 67 of the M. P. Krishi Upaj Mandi Adhiniyam, 1972, (hereinafter referred to as the 'Adhiniyam', for short). The notice dated 12 -8 -1980 (Ex.P/6) was served on the defendant on 12 -8 -1980. The defendants gave a reply on 16 -8 -1980 (Ex.P/10) refuting the claim of the plaintiff. In the written statement a specific objection was taken by the defendant that the suit having been filed before the expiry of the period of 2 months, from the date of service of the notice, it was not maintainable and was liable to be dismissed. Issue No. 7(A) was framed on this plea of the defendant.

(3.) SECTION 67 of the Adhiniyam reads as under: -