BHAGIRATH AND COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE plaintiff M/s. Bhagirath and Company has filed this appeal against the dismissal of the suit by the District Judge, Sri Ganganagar. The plaintiff is excise contractor, who took licence of 1969 -70 for Rs. 2,29,440/ - from the defendant. In terms of this licence, an amount of Rs. 19,120/ - was deposited as security. The plaintiff's case is that on 28 -3 -70, the plaintiff deposited Rs. 2,730/ - as sales tax and Rs. 1719.56/ - as excise duty, but even then the liquor was not issued on the ground that bottles were not available. He has, therefore, claimed the refund.

(2.) THE defendant has denied the allegations and the case of the defendant is that the default was of the plaintiff. According to the defendant, it was not responsibility of the defendant to supply the bottles.

(3.) THE strange and curious feature of the case is that the plaintiff has not led evidence at all.