BULU MAZUMDAR Vs. DEPARTMENT OF POST OFFICES

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and decree of reversal dated 09. 03. 2000 passed by the learned District Judge, Lakhimpur, North Lakhimpur in Money Appeal No. 1/99 filed by the Respondent herein, decreeing the Money Suit No. 9/93 filed by it by setting aside the judgment and decree dated 24. 06. 99 and 29. 06. 99, respectively, passed by the Civil Judge (Sr. Division), Lakhimpur, North Lakhimpur, dismissing the suit.

(2.) THE Respondent herein filed Money Suit No. 9/93 against the predecessor-in-interest of the present revision petitioner No. 1 (i) to 1 (iv) as well as revision petitioner Nos. 2 to 4 claiming a decree for Rs. 17,000/- contending, inter alia, that the defendant purchased six years' National Savings Certificates (NSC) on 03. 07. 84 which were to be matured on 03. 07. 90. But, due to inadvertent mistake by the concerned officials of the plaintiff Post Office in putting the date of maturity as 03. 07. 89 instead of 03. 07. 90, the defendants have drawn the matured amount one year before the actual date of maturity and have thereby drawn a sum of Rs. 17,000/- in excess from the plaintiff department. It has further been contended that when the plaintiff approached the defendants, they admitted their fault and undertook to refund the money. But, as the money has not been refunded, notice was issued and thereafter filed the suit for realization of the said amount with interest.

(3.) THE defendants contested the suit by filing written statement contending, inter alia, that the suit is bad for non-joinder and mis-joinder of plaintiff/parties and also that the plaintiff has no right to file the suit, apart from contesting the claim of the plaintiff on merit stating that as the NSCs purchased by them were due to be matured on 03. 07. 89, the entire maturity value was given to them.