GOPAL JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This second appeal has been preferred by the Plaintiff-Appellant.

(2.) The Plaintiff had filed suit in the Court of the Subordinate Judge, West Singhbhum, Chaibasa praying for a decree of recovery of a sum of Rs. 2,57,275.72/-from the Defendants with future interest till realization.

(3.) The Plaintiff's case was that he was the proprietor of M/s. Mithila Art Press, Chaibasa. The District Welfare Officer had placed several orders on behalf of the State of Bihar for printing envelopes and other materials. The articles were printed and were supplied to the office of the District Welfare Officer. Thereafter, two bills were submitted being Bill No. 1 dated 25.4.1997 and Bill No. 2 dated 2.7.1997 for Rs. 43,632 and Rs. 1.17,663.23 respectively. The total amount of the bill was Rs. 1,61,925.23, but inspite of repeated demands and requests of the Plaintiff, the bills were not paid. Thereafter, the Plaintiff served a notice on the State of Bihar under Section 80, Code of Civil Procedure, but inspite of service of notice, the bills were not paid. The Plaintiff, thereafter, instituted the suit.