BHAGWAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiffs against the judgment and decree dated November 14, 1973 of the Civil Judge, Balotra, dismissing the plaintiffs' suit by allowing the appeal filed by the State of Rajasthan defendant No. 1 against the judgment dated 5th August, 1972 of the Additional Munsif Magistrate, Barmer, who had decreed the suit.

(2.) THE aforesaid suit was filed by the present appellants in the Court of Munsif, Barmer, for the recovery of an amount of Rs. 1,616.98 p. against the State of Rajasthan and four others, namely, - -(1) Provincial President, Bharat Sewak Samaj, Jaipur, (2) Shri Devi Shanker Tiwari, Former Provincial President, Bharat Sewak Samaj, (3) Shri Naval, Kishore Badgoti, Former Provincial Organisation Secretary, Bharat Sewak Samaj and (4) Shri Purushottam Das Kudal, Advocate, President, Provincial Bharat Sewak Samaj, Ajmer. The averments made in the plaint were that a Lok Karya Kshetra of the Bharat Sewak Samaj was established at Choutan on March 26, 1964. A sum of Rs. 4,116.98 was sanctioned by the Government for being used for the said Karya Kshetra, Chouhtan for the year 1966 -67. Out of this amount, a sum of Rs. 2,5000/ - only was received by the Bharat Sewak Samaj, Chouhtan, on different dates but a sum of Rs. l,616.98p. remained outstanding. Several times letters were written to the Government to make this payment, but no reply was received and the said amount remained with the Government as deposit for the Lok Karya Kshetra, Bharat Sewak Samaj, Chouhtan. The plaintiff No. 1 described himself as the convenor of the Lok Karya Kshetra, Chouhtan and plaintiff No. 2 as its Principal Assistant. A Notice under Section 80, CPC, was sent to the Government on January 22, 1971, but as no payment was made by the Government, the aforesaid suit was filed by the plaintiffs on March 23, 1971. It was prayed that a decree for Rs. l,616.98p. may be passed against the State of Rajasthan and in the alternative, if the said amount had been received by Shri Devi Shanker Tiwari, defendant No. 3 or Shri Nawal Kishore Bargoti, defendant No. 4, the decree for the said amount of Rs. 1,6l6.98p. may be passed against those defendants.

(3.) THE suit was tried by the Additional Munsif, Barmer, who by the judgment, dated the 5th August, 1972, decreed the plaintiffs' suit against the State of Rajasthan defendant No. 1. The suit was however, dismissed against the defendants No. 2 to 5.