STATE OF ORISSA Vs. PRATHIBHA PRAKASH BHAVAN

JUDGEMENT

(1.) Defendants are appellants in this appeal against a decree for realisation of Rs. 36,100 / - with interest @ 6% per annum from 10-6-1981 till it is realised and costs.

(2.) Case of plaintiff is that he is owner of a Firm carrying on business of-supply of articles with the trade name Prathibha Prakash Bhavan. He received order for supply of articles on 25-2-1981 and supplied articles thereafter transported by common carrier which. were received by defendant No. 2 at Hemagiri, in Sundargarh district. Value of goods supplied was Rs. 36,100/- Bills were submitted on, 10-6-1991, and despite assurance, the same not having been paid notice under Section 80, C. P. C. has been issued and the suit has been filed, for realisation of principal with interest, @ 12% per annum.

(3.) Defendants filed a, joint written statement. Their case is that Block Development Officer was not authorised under the financial rules to place orders for such huge quantity. All the articles were not received and State Government was requested for allotment of funds but the same have not been received. It is claimed that suit at Berhampur is nor entertainable and it is barred by limitation.