HARMESH SINGH Vs. SH HARMESH CHAND

JUDGEMENT

(1.) THE legal representatives of defendant No.1 Malkiat Singh are in second appeal against judgment, decree dated Whether the reporters of the local papers may be allowed to see the Judgment? Yes 16.6.2001 passed by learned District Judge, Una in Civil Appeal No. 15/2001, affirming judgment, decree dated 19.1.2001 passed by learned Sub Judge (II) Una in Civil Suit No.30/1996.

(2.) THE brief facts of the case are that respondent No.1 had filed a suit for recovery of Rs.7,525/- against Malkiat Singh and respondents No.2,3. The pleaded case of respondent No.1 is that on 12.4.1995, Malkiat Singh as President of Gram Panchayat, Momniar approached respondent No.1 for the sale of 50 bags of cement for the construction work of Panchayat. Malkiat Singh earlier had taken 60 bags of cement for the construction work of Panchayat vide Bill No.35 dated 1.3.1995 for a sum of Rs.6,780/-. , out of which Rs.1500/- was left as balance and the payment of that balance amount was to be made in future. Malkiat Singh undertook to make the balance amount of Rs.1500/- next time when he would purchase the cement for Panchayat.

(3.) THE suit was contested by filing written statement in which preliminary objections of maintainability, non-joinder of necessary parties, locus standi were taken. On merits, it has been admitted that 60 bags of cement were purchased for construction work of Panchayat but the entire amount of the cement purchased from respondent No.1 has been paid. The claim of the respondent No.1 was denied. The submission was made for dismissal of the suit.