V N ENTERPRISE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Decree dated 16.2.2001 passed by the learned Civil Judge (Senior Division) No.2, Kamrup, Guwahati dismissing the Money Suit No. 131 of 1997.

(2.) The aforesaid Money Suit was instituted by the appellant for realization of Rs.31,129.92 alongwith interest of Rs.43,325.68 at the rate of 18 per cent per annum being the cost of the materials supplied by them to the respondents during the year 1988 and onwards. The learned Trial court dismissed the suit on the ground that it is barred by limitation and bad for non joinder of Karbi Anglong District Council.

(3.) The appellant is a proprietorial firm engaged in the business of supply of various equipments. It supplied various items as per order issued by the Executive Engineer (Defendant No.7). Besides, the Executive Engineer also deputed his employees to collect spare parts from tune to time to take delivery of spare parts by signing on the delivery challan without formal orders. Supplies were accordingly made on 28.11.1988 and various other dates thereafter, the last one being on 27.5.1994. The total value of articles supplied remained due for payment amounted to Rs.31,129.92. The suit was instituted on 27.6.1997 for realization of the aforesaid amount with interest at the rate of 18 per cent per annum.