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1999 Supreme(SC) 9

B.N.KIRPAL, D.P.MOHAPATRA
Sangamesh Printing Press – Appellant
Versus
Chief Executive Officer, Taluk Development Board – Respondent


ORDER

1. The appellant (plaintiff) which is a registered firm had filed a suit against the Chief Executive Officer, Taluk Board for recovery of Rs. 51,036.60 being the price and interest thereon in respect of the printed forms and registers which had allegedly been supplied to the defendant (respondent herein).

2. In the plaint which was filed, it was, inter alia, alleged that an agreement had been entered into between the plaintiff and the defendant on the basis of which the aforesaid goods were supplied. In para 2 of the plaint, it was stated that a contract had been entered into between the parties after approval of the Taluk Board.

3. In the written statement which was filed, various objections were taken. It was, inter alia, submitted that no valid contract had been entered into and supply had been made by the plaintiff unauthorisedly. There was also an objection taken with regard to the validity of the notice issued by the plaintiff.

4. On the pleadings of the parties, the following issues were framed:

"(1) Whether the plaintiff firm is a registered partnership firm?

(2) Whether the plaintiff proves that the defendant has entered into a contract of














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