STATE OF ASSAM Vs. EASTERN CONCRETE INDUSTRY

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree of the Assistant District Judge No. 1, Cachar, Silchar, decreeing the suit of the plaintiff for a sum of Rs.3,60,594/ - with 21 % interest from the date of filing the suit till realisation of the decretal amount. The State of Assam has come up in appeal against the aforesaid judgment and decree of the trial Court.

(2.) The counsel for the decree-holder has taken up a preliminary objection, but we are of the considered opinion that it will be necessary to have a look at the pleadings of the parties before discussing preliminary objection.

(3.) The plaintiff averred in the plaint that it is a registered partnership firm and a small scale industrial undertaking. Paragraph 1 of the plaint is reproduced below:-