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1975 Supreme(Pat) 43

S.K.CHOUDHURI, MADAN MOHAN PRASAD
S. P. Santhelia – Appellant
Versus
State Of Bihar – Respondent


Judgment

MADAN MOHAN PRASAD, J.

1. This appeal has been preferred by the plaintiffs against the judgment and decree passed by the Additional Subordinate Judge, Madhepura.

2. A suit was filed by the plaintiffs for recovery of Rs. 12,201.00 on account of the dues which remained with the defendants on different items as mentioned in the plaint, for declaration that certificate case No. 147 of 1961-62 filed in the Court of the Certificate Officer, Supaul is illegal and liable to be cancelled and for the relief of a permanent injunction restraining the dafendants from proceeding with the said certificate case. The plaintiffs case in short is that he was stockist of foodgrains for the Supply and Price Control Deparment, Supaul and plaintiff No. 2 had no concern with the aforesaid business at any time. The plaint states that plaintiff No. 1 was appointed as stockist on the 27th of May, 1955 and he executed a letter of undertaking which was signed by plaintiff No. 1 on the one hand and by defendant No. 4, Welfare Officer, Koshi Profect on the other. A copy of this agreement has been made annexure A to the plaint. It is said that plaintff No. 1 continued to work as stockist from 1955 till Ap
















































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