DEENABANDHU SAHU Vs. FOREST RANGER AND OTHERS

JUDGEMENT

(1.) The plaintiff is the appellant against a reversing judgment.

(2.) The case of the plaintiff is that on 11.11.1984, the Forest Ranger, Samantiapalli Range, defendant no.1, seized 200 pieces of Piasal wood and 9 Beams from the temporary camp of the plaintiff. The plaintiff could not able to produce T.T Permit. Therefore, defendant no.1 lodged a prosecution against the plaintiff and one Uttam Kumar Sahu under Rule 21 of the Orissa Timber Transit Rules in the court of learned J.M.S.C., Berhampur, which was registered as 2(b)CC No.79 of 1984. By judgment dated 24.1.1987, the learned Judicial Magistrate acquitted Uttam Kumar Sahu, but convicted him and directed to return the seized article to him after the appeal period. Against the order of conviction, he filed Criminal Appeal No.34 of 1987 before the learned 2nd Addl. Sessions Judge, Berhampur. The learned lower appellate court acquitted him from all the charges. But then, the Range Officer had not returned the goods. He issued notice under Sec. 80 CPC demanding restoration of suit goods or value thereof. Since the defendants had not restored the seized wood nor paid its money, he instituted the suit for recovery of suit amount.

(3.) Pursuant to issuance of summons, defendants entered appearance denying the assertions made in the plaint. The specific case of the defendants is that the suit is barred by time.