PANKAJA PADHAN Vs. RANJIT PADHAN

JUDGEMENT

(1.) The defendants in SCC Case No. 13/1 of 1982 of the Court of the Subordinate Judge, Bargarh, have filed this application under S.115, Civil P.C. challenging the order dt. 22-4-1982 decreeing the said suit.

(2.) The opposite party filed the suit for realisation of a sum of Rs. 450/- together with pendente lite and future interest at the rate of 12 per cent per annum from the petitioner alleging, inter alia, that on 7-9-1981 the defendants purchased 115 pieces of grounds (Makhan) from the plaintiff for Rs.450/- and promised to pay the price for the same within a week. After lapse of about one and half months on being reminded several times the defendants offered to pay Rs.200/- only on the plea that the grounds being rotten could not be marketed. The plaintiff refused to accept the amount. On these allegations the plaintiff prayed for realisation of Rs.450/- together with interest from the defendant towards the price of the gourds supplied to them. In para 5 of the plaint it was stated that no relief has been claimed in the suit which does not come under O.37, Civil P. C. The petitioners in their written statement denied the allegations made in the plaint. They denied to have either received 115 gourds from the plaintiff on 7-9-1981 or to have made any promise for payment of Rs.450/- within a week as alleged by the plaintiff. They also denied to have made any offer to pay Rs. 250/-to the plaintiff towards the price of the gourds. In para ten of the written statement defendants took the plea that the suit was not maintainable under O.37, Civil P. C.

(3.) The plaintiff examined 3 witnesses in support of his case. One witness was examined on behalf of the defendants. The learned Subordinate Judge framed 3 issues, discussed the materials on record under different issues and came to the conclusion that the plaintiff was entitled to receive Rs.450/- from the defendants towards the price of the gourds. The Court rejected the contention raised on behalf of the defendants regarding maintainability of the suit. This order of the trial Court is under challenge in the revision petition.