THE POSTMASTER GENERAL SAMBALPUR Vs. MISS SANJUKTA HOTA

JUDGEMENT

(1.) Defendants are the appellants against a reversing judgment.

(2.) The plaintiff-respondent instituted T.S. No.64 of 2000 in the court of the learned Civil Judge (Senior Division), Sambalpur for declaration that she is the owner of the damaged Indra Vikas Patras (IVPs) having the face value of Rs.5000/- each totalling Rs.1,00,000/- and for a direction to the defendants to pay the maturity value with interest and costs.

(3.) The case of the plaintiff is that on 28.5.1994 she had purchased twenty numbers of IVPs amounting to Rs.50,000/- from Sambalpur Post Office having maturity value of Rs.1,00,000/-. The date of maturity was 28.11.1999. She had kept the IVPs in a wooden box. The same were destroyed by white ants. On 5.8.1998, she made a representation to defendant no.2 to replace the damaged IVPs by issuing duplicates. Since no action was taken, she instituted the suit after issuing notice under Sec. 80 CPC claiming right, title and interest over the IVPs.