STATE OF ODISHA Vs. PRATIBHA PRAKASH BHAWAN

JUDGEMENT

(1.) Instant appeal under Sec. 100 of the Code of Civil Procedure, 1908 is at the behest of the appellants assailing the correctness of the judgment promulgated in Money Appeal No.4 of 1988 by the learned Second Additional District Judge, Ganjam, Berhampur, whereby, the impugned decision in M.S. No.6 of 1985 of the learned Sub-ordinate Judge, Berhampur was confirmed on the ground stated that the same are not tenable in law and hence, therefore, liable to be set aside.

(2.) The suit was instituted for recovery of dues payable by the appellants with the interest, cost and damages at the rate of 12% per annum from the date of the suit till its realization. The appellants contested the suit on the ground of absence of territorial jurisdiction and with regard to the liability to pay the cost and damages in the shape of interest as claimed by the plaintiff. Considering the pleadings on the record, learned Trial court framed three issues and finally decreed the suit rejecting the plea of the appellants on jurisdiction and other grounds and directed them to pay the dues with cost and allowed pendentelite and future interest at the rate of 9% per annum till its recovery on State of Odisha & Another Vs. Pratibha Prakash Bhawan the price of the articles supply. Being unsuccessful, the appellants filed the appeal before the court below and raised the same grounds without disputing the contract entered into with the plaintiff. After appreciating the evidence on record and rival contentions, learned Lower Appellate Court dismissed the appeal and as a corollary, decreed the suit. Hence, the second appeal.

(3.) This Court by order dtd. 29/9/1988 formulated the following substantial questions of law such as: