LAXMI PAPER DEPOT Vs. SUB DIVISIONAL OFFICER BANGAON

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and decree passed by the learned 2nd Court of the Assistant District Judge, 24-Parganas at Alipore in Money Suit No. 49 of 1984 (Sri Laxmi Paper Depot v. The Sub-Divisional Officer, Bongaon And Another) where the appellant's suit for recovery of money has been dismissed only on the ground of non-joinder of parties viz. non-impleadment of the State of West Bengal as a party defendant in that suit.

(2.) In the suit as filed by the appellant, the Sub-Divisional Officer, Bongaon and the Collector, 24-Parganas at Alipore, District 24-Parganas were impleaded as defendant Nos. 1 and 2 The appellant's suit related to the recovery of money in respect of the supplies allegedly made by the appellant to the defendants. The following four issues were framed by the learned Trial Judge :1. Is the suit maintainable?2 Is the suit barred by any provision of law?

(3.) Is the Plaintiff entitled to get a decree as prayed for?4 To what other relief or reliefs, if any, is the Plaintiff entitled?5 The suit was dismissed only after considering the issue No. 1 mainly because it was held that since the State of West Bengal was not made a party defendant, the suit was not maintainable.