AJODHYA PRASAD SINGH Vs. NARAIN PRASAD JALAN

JUDGEMENT

(1.) This appeal has been filed by the defendant, it arises out of a suit for money filed by the plaintiff for realisation of a sum of Rs. 1790-11-6, as the price of iron goods supplied to the defendant on the 28th of October, 1949, under a permit, dated the 24th of September 1949. The suit was dismissed by the learned Munsif who tried the suit, but on appeal by the plaintiff, the suit has succeeded in part. It has been decreed for a sum of Rs. 1326-/-6, that is to say, the plaintiff's claim for interest which has accrued due before the institution of the suit has been negatived,

(2.) The facts are as follows: It was alleged by the plaintiff that he was carrying on his business of iron materials in the name of 'Monghyr Business Syndicate' in the town of Monghyr. The defendant had obtained a permit from the Director of Industries, Bihar, No. 1989, issued on the 24th of September, 1949. The permit had directed the Monghyr Business Syndicate to supply the materials mentioned in that permit to the defendant. In pursuance of that permit, the plaintiff had supplied those materials to the defendant on the 28th of October, 1949. a credit memo for a sum of Rs. 1326-7-5 was issued to the defendant, being credit memo No. 522. As the defendant had not paid the value of the materials supplied, the plaintiff had sent a notice of demand through his lawyer, but in spite of service of notice, the defendant had not paid. Thus the plaintiff was compelled to institute tne present suit for realisation of the price of the materials supplied.

(3.) The substance of the defendant's case was -as follows: It was alleged that so far as the defendant remembered, no permit upon which the plaintiff had based his case was issued to the defendant and it was contended that the plaintiff had not supplied the materials, said to have been supplied to the defendant on credit nor could the controlled commodities have been supplied on credit at that time. According to the defendant, the plaintiff had instituted this suit due to some ill-feeling and private dispute, to cause harassment to the defendant.