MANAGING DIRECTOR H P STATE COOPERATIVE MARKETING & CONSUMER FEDERATION LTD (HIM FED) Vs. RAJINDER SINGH

JUDGEMENT

(1.) This petition has been filed against the judgment & decree dated 16.1.2009, whereby learned Additional District Judge, (Fast Track Court) Shimla, H.P has dismissed the appeal and affirmed the judgment and decree passed by learned Civil Judge (Jr. Division), Court No.1, Rohru, District Shimla in Civil Suit No.111/1 of 2004.

(2.) In a nutshell, the facts of the case are that the respondent (hereinafter referred to as the plaintiff) had supplied 18 bags of apple under the Market Intervention Scheme introduced by the State of Himachal Pradesh to the defendant on 22.9.2001 at its Apple Collection Centre Hanstari, Tehsil Rohru, District Shimla. The defendant has failed to make the payment thereof to the plaintiff for sufficient long time inspite of repeated requests. This has led in filing the suit against the defendant for the recovery of Rs. 5500/-in the Trial Court.

(3.) The defendant has entered appearance and resisted and contested the claim of the plaintiff made in the plaint. Preliminary objections qua maintainability of suit for want of notice under Section 76 of the H.P. Co-operative Societies Act, 1968 and that the suit is bad for non-joinder of necessary parties etc. were raised.