PRATIBHA PRAKASH BHAVAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment and decree dated 23.1.1989 and 6.2.1989 respectively passed by the learned 1st Addl. District Judge, Ganjam-Berhampur in Money Appeal No.11 of 1988 reversing the judgment and decree dated 14.7.1988 and 22.7.1988 respectively passed by the learned Subordinate Judge, Berhampur in Money Suit No. 72 of 1987.

(2.) The plaintiff instituted the suit for realisation of Rs.15,658/- from the defendants. The case of the plaintiff is that it deals in forms, registers and stationeries etc. The Block Development Officer, Raikia, defendant No. 2, in his official capacity having agreed to the terms and conditions and rate of the plaintiff placed an order for supply of forms and registers etc. Therefore, the plaintiff supplied all the articles on four different occasions and submitted a consolidated bill amounting to Rs. 10,370/-. As defendant no.2 did not make any payment against the said bill, it issued a statutory notice under Section 80, C.P.C.

(3.) Pursuant to issuance of summons, the defendants entered appearance and filed a written statement denying the assertions made in the plaint. The case of the defendants is that defendant no.2 was not empowered to place orders for local purchase worth more than Rs.10,000/-. The plaintiff had violated the terms and conditions of the agreement by not supplying all the articles in time, for which the defendant had incurred huge expenses by deputing a messenger and transporting some of the articles sent by the plaintiff to Phulbani through a transport company.