LAWS(ORI)-1972-10-11

SILLA LAXMINARAYANA Vs. ARJUNA GAUDO

Decided On October 03, 1972
SILLA LAXMINARAYANA Appellant
V/S
ARJUNA GAUDO Respondents

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the decree passed by the learned Subordinate judge at Bhubaneswar allowing his claim in part in a suit for recovery of money.

(2.) THE plaintiff came to Court on the allegation that the defendant was an employee under the firm 'silla Rammamurty and Sons' of which he happens to be the managing partner. The defendant was posted at Balugaon branch of the firm from 1951, initially as accountant and later as manager. The defendant used to draw advances from the firm and his salary as and when due was being adjusted against such advances. The defendant stopped work from 24th of July, 1964. By then he had over-drawn to the extent of Rs. 6,496. 97. The plaintiff asked for recovery of that amount along with damages at six per cent in all Rupees 7,190/ -.

(3.) THE defendant did not enter contest. In fact no written statement even was filed. An employee of the firm was examined as P. W. 1 on behalf of the firm.