LAWS(JHAR)-2002-7-66

SARDAR SURENDER SINGH Vs. STATE OF BIHAR

Decided On July 10, 2002
Sardar Surender Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellant. No one appears from the side of the respondents.

(2.) THIS appeal, under Clause 10 of the Letter Patent is directed against the judgment dated 15th October, 1998 passed in First Appeal No. 58 of 1987(R) whereby the learned single Judge allowed the appeal and set aside the judgment and decree passed by the trial Court in Money Suit No. 13/94. Plaintiff filed a Money Suit for recovery of sum of Rs. 46,449,68 paise together with interest being the charges for transportation of the Pusler (fire wood).

(3.) THE defendant contested the suit by filing statement. The defendant although, not disputed the agreement for transportation of pusler, but their case is that the range Officer has no authority to entertain the bills of the plaintiff and to send it to the Divisional Forest Officer for approval. The defendants further case is that all the dues were paid to the plaintiff for transportation and other charges and nothing remained dues were the plaintiff. The learned trial Court framed following issues : - -