GOVIND PANIGRAHI Vs. SECRETARY TO GOVT. OF INDIA, MINISTRY OF FOOD AND AGRICULTURE, DEPARTMENT OF FOOD AND ANR.

JUDGEMENT

(1.) PLAINTIFF has appealed against the reversing judgment and decree of the learned Additional Subordinate Judge of Berhampur in a suit for recovery of money.

(2.) PLAINTIFF was a licensed dealer under the Orissa Rice Procurement (Levy) Order, 1964 (hereinafter referred to as the Levy Order). Under the Levy Order, Plaintiff was obliged to sell to the Union of India a part of his stock of rice. The Union Government had posted officers at various places to work out the scheme and supplies were being received at different rail -heads.

(3.) THE trial Court accepted the extent of supply of rice as pleaded by the Plaintiff; found Defendant No. 2 to be duly authorised to act on behalf of the Union Government and, therefore, the undertakings were binding on the Government of India; he exonerated the second Defendant from personal liability; found a part of the claim to have become barred by limitation and decreed the suit for Rs. 840.76.