MR.DINESH MEHTA,J. - (1.) The present appeal has been preferred by the State under section 96 of the Code of Civil Procedure against the judgment and decree dated 27.11.1989 passed by the learned Additional District Judge, Bikaner (hereinafter referred to as 'the Trial Court').
(2.) The facts in brief are that the respondent-plaintiff had filed a suit for recovery of a sum of Rs. 26,000/- against the defendants-appellant, inter alia contending that the defendants have not made payment of security money of Rs. 17,658/- as mentioned in para No. 10 of the plaint and less payment of Rs. 494.78 and 7195/- as stated in para No. 11 of the plaint. It was stated that final bill dated 31.07.1972 and 01.03.1972 was prepared by the defendant for the said amounts of Rs. 494.78/- and 7,195/-, but the same has not been paid. Pursuant to the suit aforesaid filed by the plaintiff, the appellantdefendants submitted a written statement and denied the contents of the plaint, while also lodging counter claim for recovery of a sum of Rs. 26,446.13/-. The defendants, though had admitted para No. 1 to 5 of the plaint so also the factum of preparation of final bills as stated in para No. 8 and 9 of the plaint, however disputed the plaintiff's right of recovery of the amount in question on the ground of limitation. The defendants had also prayed for recovery of the amount of income tax and sales tax along with interest @ 12%. On the basis of the pleadings of the parties, the learned Trial Court had framed twelve issues on 17.07.1978.
(3.) On behalf of the plaintiff, Sarwan Singh PW-1, Kishan Singh PW-2 appeared in the witness box; whereas Bishamber Singh DW-1, Mohan Lal DW-2, Hari Singh DW-3 and Mohan Lal S/o Munshi Lal DW-4 appeared on behalf of the defendants. In rebuttal evidence, Kishan Singh again appeared in witness box.;