RAJ KUMAR Vs. H.P.STATE SMALL INDUSTRIES CORPORATION LTD.

JUDGEMENT

(1.) The present appellant Sh. Raj Kumar preferred a suit for recovery of Rs. 46,992 -56 paise against the present respondent -defendant Plaintiffs case as pleaded had been that he was sole proprietor of an Industry, known as H. P. Industrial Corporation, which was located at Barotiwala, in District Solan The plaintiff used to buy steel and iron and their products from the defendant Corporation and he deposited a sum of Rs. 12,000 (Rs. Twelve Thousand) by way of security in the year 1971 with the defendant Corporation Plaintiff also pleaded that he used to pay the price of the steel and iron or their products to the defendant Corporation in advance and thereafter the said Corporation used to issue delivery order in his favour authorising him to collect the supplies from its Kalka or Dharampur depots. According to the plaintiff, accounts were gone into on 29th June, 1972 and a sum of Rs. 13,631 -36 paise, inclusive of security money were found due to the plaintiff from the defendant. It was also pleaded that on 5th July, 1972 plaintiff deposited a sum of Rs. 22,500 with the defendant Corporation for supply of iron and steel but the defendant did not make any supply of iron and steel against the said advance of Rs, 22,500. According to the plaintiff, various letters, were written in this behalf to the defendant Corporation to return the advance price of the steel and iron amounting to Rs. 22,500 and also to pay Rs. 13,631 -36 paise found due to him on 5th July, 1972 at the time of the settlement of the accounts, but to no avail. Plaintiff, as such, filed a suit for recovery of Rs. 36,131 -36 paise on account of principal and Rs. 10,861 -20 paise on account of interest. The suit was filed on 24th May, 1977.

(2.) The defendant contested the suit and one of the pleas raised was that suit was barred by limitation, as according to the defendant, suit had been filed after three years when the cause of action accrued to the plaintiff. Plaintiffs status as Proprietor of the concern was denied. According to the defendant -Corporation, they had only dealings with the H. P. Industrial Corporation, Barotiwala and not with the plaintiff. It was pleaded that steel and iron worth Rs 23,520 -22 paise had been delivered to the plaintiff against advance of Rs. 22,500 in the year 1972 itself and as such his claim for Rs. 22,500 was liable to be dismissed. Liability to pay interest was not admitted.

(3.) The trial Court, framed the following issues, on the pleadings of the parties : -