SADHAN CH. DEB Vs. STATE OF TRIPURA
LAWS(TRIP)-2022-2-12
HIGH COURT TRIPURA
Decided on February 11,2022

Sadhan Ch. Deb Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

ARINDAM LODH,J. - (1.)This is an appeal under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment and decree dtd. 14/8/2018, passed by learned Civil Judge, Senior Division, Court No.1, West Tripura, Agartala in case no. MS 37/2016.
(2.)The plaintiff-appellant [here-in-after referred to as the plaintiff] had instituted a suit for realization of money worth Rs.19,33,248.00 along with interest from the defendant-respondents [here-in-after referred to as the defendants]. It is the case of the plaintiff that he supplied spare parts of motor vehicles and also repaired many vehicles of the police department since 2003. The respondents had paid some of the bills as raised by the plaintiff. But, they did not pay the remaining balance bills as stated in the plaint. Against these assertions made by the plaintiff, the defendants have stated that the claim of the plaintiff is baseless, imaginary and unjustified. It is the further case of the defendants that without any break-up or specific mention of the bills, it is not possible for them to detect or identify the bills against which supply order they did not pay.
(3.)During the course of hearing learned Civil Judge has framed the following issues:-
i. Is the suit maintainable in its present form and nature?

ii. Has the plaintiff cause of action to institute this suit?

iii. Is the plaintiff entitled to get a sum of Rs.19,33,248.00 from the defendants? If so, is the plaintiff entitled to get any interest thereof, as prayed for?

iv. Is the plaintiff entitled to get a decree, as prayed for?

v. What other relief or reliefs the plaintiff is entitled to?

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