RSA No.2477 of 1988 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2477 of 1988 Date of decision: November 23, 2010. M/s Kashmiri Lal Ashok Kumar ...Appellant v. State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Avinash Mandla, Advocate, for Shri M.L. Sharma, Advocate, for the appellants. Shri Palviinder Singh, Sr. Dy. Advocate General, Punjab for the respondent. Kanwaljit Singh Ahluwalia , J. (Oral): The appellant – M/s Kashmiri Lal Ashok Kumar through its partner Shri Kashmiri Lal, government contractor and suppliers, filed a suit for recovery of Rs.7,066.78 under Order 7 Rule 1 CPC. It was stated that the plaintiff was a registered firm and Kashmiri Lal being its partner was competent to institute the suit. The plaintiff firm is engaged in the manufacture and supply of Surkhi and Lime. The State of Punjab, through Director, Cultural Affairs, Archeology and Museum, Punjab invited tenders for supply of Surkhi and lime. The plaintiff firm submitted their tender and the same were accepted by the Government and they were directed to supply 50M-3 of Surkhi and 350 quintals of lime. The rates were also specified in RSA No.2477 of 1988 -: 2 :- the order for supply of Surkhi and lime. The plaintiff-appellant had deposited Rs.1,000/- as earnest money which was to be refunded by the Government after completion of the contract. It was pleaded by the plaintiff-appellant that on various dates in July, 1981, the goods were supplied and the delivery was taken by Tilak Raj, representative of the Government at the work-site. It was further stated that the total bills were for Rs.20,505.50, however, the defendant-respondent had made payment of only Rs.15,787.52. Thus, it was pleaded that the plaintiff-appellants were entitled to recover the balance amount. On completion of the pleadings, the following issues were framed:- “1. Whether the plaintiff is entitled to recover Rs.7066.78 on account of goods supplied to defendant? OPP 2. Whether the suit is within time? OPP 3. Relief.” The suit filed by the plaintiff-appellant was decreed by the Court of Sub Judge First Class, Chandigarh. Aggrieved against the same, State of Punjab had filed an appeal. The lower appellate court accepted the appeal and had dismissed the suit by reversing the finding of the trial court on issue No.1. The finding given by the lower appellate court reads as under:- “Another significant fact having important bearing on the case of the plaintiff is to be found in the pleadings of the parties. In para 5 of the written statement, the defendant-State has given elaborate details of the dealing between the parties and specifically referred to its communications Ex.D1 and Ex.D4. Plaintiff did file application but did not care to meet the case set RSA No.2477 of 1988 -: 3 :- up by the defendant in para 5 of written statement. In the corresponding para of the replication, what is stated is, “that para 5 of the written statement as stated is correct.” Thereafter, there is a reference to certain amounts but not a word has been stated touching these documents and the version given in para 5 of the written statement. Thus, we find that the plaintiff has not denied the allegations even evasively much less specifically, as required by law.” The lower appellate court, after appreciation of the evidence has come to the conclusion that there is merit in the stand taken by the defendant-respondent that the material supplied by the plaintiff was short and the quantity and the bill was raised for a quantity which was not supplied. No substantial question of law has been formulated. The Counsel has also not tried to formulate any substantial question of law during course of arguments which may warrant interference by this Court. The lower appellate court, upon appreciation of the evidence, has come to the conclusion that the appellants herein are not entitled to the recovery of the amount. Hence, no interference is warranted. The present appeal is dismissed. [Kanwaljit Singh Ahluwalia] November 23, 2010. Judge kadyan