- (1.) Having been non suited by both the learned courts below in their suit for recovery, plaintiffs have approached this Court by way of present regular second appeal.
(2.) Brief facts of the case, as noticed by the learned first appellate court in para 2 and 3 of the impugned judgment, are that the suit was filed by the appellants for recovery of Rs.6,21,596/- alongwith interest at the rate of 18% per annum from the respondent-defendants as losses caused by Om Parkash, predecessor-in-interest of the respondents-defendants and also on account of other dues outstanding in the shape of advances/loan etc. The suit was filed by appellant No.1 Corporation through its Secretary, who was competent and authorized to file the suit and appellant No.2 was the District Manager-cum-Principal Officer. It was further the case of the appellantsplaintiffs that Om Parkash son of Daya Sukh joined service on 17.9.1982 under appellant/plaintiff No.1 as Store-Keeper in Farmers Service Centre of the plaintiff-Corporation at Sirsa till his death on 31.1.1997 and at that time he was holding the Control and charge of all the godowns held by the Corporation and in his capacity as such. He was personally accountable and responsible for all the goods/items of which he was holding the charge as Store-Keeper. After the death of said Om Parkash, Shri S.M. Kumar took the charge as Store-Keeper, who was transferred from Bhiwani to Sirsa and at that time a Physical Verification Officer was also nominated for physical verification of the goods/items and articles etc. lying in the Godowns. Since, the report of the physical Verification Officer was silent on certain points. Thus, as per record of the appellants-plaintiffs, it has been ascertained that a sum of Rs.4,05,609/- is recoverable from Om Parkash besides the amount or interest of Rs.2,15,987/- calculated at the rate of 18% per annum till 15.1.2000. The amounts of gratuity leave encashment as well as arrears of pay and G.I.S. etc. are being payable to Om Parkash and the same has been given in the credit of such sums, a sum of Rs.4,05,609/- as being the actual loss, is recoverable by the Corporation from respondent-defendants being the wife, children and mother respectively of said Om Parkash as they inherited all the movable and immovable properties left by late Om Parkash.
(3.) Therefore, they all are jointly and severally liable to pay the debts payable by said Om Parkash at the time of his death. The appellants-plaintiffs tried to contract the respondents-defendants in order to receive the said payment but they refused. A legal notice was also served but in vain. Hence, the suit was filed.;