G.R. Majithia, J. - (1.) This Regular Second Appeal is directed against the judgment and decree of the First Appellate Court affirming on appeal those of the trial judge decreeing the suit of the plaintiff for recovery of Rs. 24528.39 as principal and Rs. 7150/- as interest with future interest at the rate of 12 per cent per annum from the date of the suit till realisation.
(2.) The facts : Respondent No. 1 (hereinafter referred to as plaintiff) filed a suit for recovery of Rs. 24528.39 as principal and Rs. 7150/- as interest against the General Manager, Amritsar International Hotel, City Centre, Amritsar, Director Tourism, Punjab, Chandigarh and the Secretary, Tourism Department, Government of Punjab, Chandigarh, (for short the defendants) on the allegations that it supplied electric good of the value of Rs. 43495 08 to defendant No. 1. Out of the total sale price, a sum of Rs. 18,986 69 was paid by defendant No. 1 while the balance amount was outstanding. The suit was contested by the defendants. Defendants No. 2 and 3 controverted the material allegations made in the plaint for want of knowledge. Defendant No. 1 raised the plea of mis-joinder and non-joinder of necessary parties and also about the maintainability of the suit and plea of limitation was also raised.
(3.) From the pleadings of the parties, the following issues were framed : 1. Whether the suit is bad for mis-joinder of parties as alleged in para No. 1 of the preliminary objection ? OPD 2. Whether the suit is not maintainable in the present form 7 OPD 3. Whether defendant No.l cannot be sued as alleged in para no. 1 of the preliminary objection 7 OPD 4. Whether the suit is within time 7 OPP 5. Whether the plaintiff is entitled to the amount claimed for 7 OPP 6. Relief.;