JAGDISH TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first appeal directed against judgment and decree dated 10.8.1989 passed by the District Judge, Ambikapur, district Sarguja in Civil Suit No. 51-A of 1987 dismissing the suit of the plaintiff Jagdish Tiwari in toto on the grounds of limitation and non-payment of court fee.

(2.) Brief facts giving rise to this appeal are that in Sarguja Forest Division, an auction notice was issued on 27.8.1983 in respect of 3020 Khair trees. The plaintiff also gave his bid in this auction but he was not informed about the so called acceptance of his bid at any point of time. It is alleged that no communication dated 29-11-1983 was ever received by the plaintiff; therefore, he could not know whether his bid had been accepted or not. Communication dated 8.2.1984 by the defendant No. 2 was said to have been sent to the plaintiff on the wrong address and it was received by the plaintiff in March 1984 on being redirected from the wrong address and then only the plaintiff came to know that his earnest money deposited for participating in the auction proceedings amounting to Rs. 5,000.00 had been forfeited and it was also stated therein that in case any loss is occasioned to the State on account of so called auction of the Khair trees, then the same shall be recoverable from the plaintiff.

(3.) By Communication dated 25.6.1984, the plaintiff informed the defendant No. 2 that he did not receive any communication regarding acceptance of his bid, hence it was requested that the auction may be cancelled and the Khair trees may be re-auctioned. No reply to this communication dated 25-6-1984 was received by the plaintiff. Thereafter, the defendant No. 3 vide communication dated 11.2.1985 informed the plaintiff that the State has suffered loss in the sum of Rs. 1,36,989.90 p. and therefore, the plaintiff was directed to deposit the same and in the event of his failure to deposit the amount, it would be recovered from the plaintiff as a revenue recovery. This communication was received by the plaintiff on 27.6.1986.