L.N. Mittal - (1.) PLAINTIFF no. 1 has filed this revision petition under Article 227 of the Constitution of India impugning order dated 19.1.2011, Annexure P/4, passed by learned Additional Civil Judge (Senior Division), Amloh thereby dismissing suit filed by plaintiffs (petitioner and proforma respondent no. 4) holding that the suit is not maintainable. PLAINTIFFs have filed suit against respondents no. 1 to 3 as defendants for recovery of Rs. 38,05,575.48 alleging that defendants were employees of the plaintiffs and due to their mismanagement and negligence, there was shortage of goods for which the suit amount along with interest is claimed.
(2.) DEFENDANT no. 1 moved application Annexure P/2 alleging that in view of judgment of Hon'ble Supreme Court in Punjab State Civil Supplies Corporation Ltd. vs. Sakinder Singh, AIR 2006 SC 1438, suit for recovery is not maintainable. Aforesaid application was contested by the plaintiffs by filing reply Annexure P/3. Learned trial court vide impugned order Annexure P/4 allowed the application Annexure P/2 moved by defendant no. 1 and dismissed the suit against all the defendants. Feeling aggrieved, plaintiff no. 1 has filed this revision petition.
(3.) I have heard learned counsel for the parties and perused the case file.;