STATE OF M.P. Vs. PREM KUMAR

JUDGEMENT

(1.) THE appeal is directed against the judgment and decree dated 13.12.1971 of the Additional Judge to the Court of the District Judge, Mandleshwar in Civil Suit No. 1 -B/71, whereby the plaintiff -appellants suit has been dismissed on preliminary issues.

(2.) THE brief history of the case is that the plaintiff had filed the suit for recovery of Rs. 85,000/ - against the defendant on the ground of excess payment had been made to the defendant, who was a contractor in construction of a dam. The defendant raised certain preliminary objections regarding maintainability of the suit and limitation as well The learned trial Judge framed 14 issues but dismissed the suit only on issues nos. 10, 11 and 12, which are as follows : -

(3.) WE accept the appeal. The judgment and decree of the trial Court is set aside and the file is remanded back to the District Judge, Mandleshwar with a direction that he may himself or by any other competent Add 1. District Judge get the suit decided within six months from today after giving an opportunity of adducing 'evidence on all the issues. The file be sent back to the District Judge, Mandleshwar by keeping a separate note -sheet regarding return of the file. In the circumstances of the case, we do not deem fit to pass any order regarding costs at this stage.