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1963 Supreme(Pat) 59

H.MAHAPATRA, TARKESHWAR NATH
State of Bihar – Appellant
Versus
Motilal Chamaria – Respondent


Advocates:
K.D. Chatterji and G.P. Sahi, for the State; B.C. De, A.K. Mitter and S.B. Sanyal, for Respondents.

Judgement

TARKESHWAR NATH, J. :- The defendants are the in First Appeal No. 382 of 1959, whereas plaintiffs are the in the other appeal, First Appeal No. 384 of 1959, and these two appeals arise out of Money Suit No. 106 of 1952 instituted by the plaintiffs for recovery of a sum of Rs. 2,34,213/2/9 in the following circumstances : Plaintiff alleged that he was the sole proprietor of the concern "Rai Bahadur Hardutta Rai Motilal Jute Mills" (Plaintiff 2). Plaintiffs case was that they entered into a contract with the Regional Grain Supply Officer of Purnea who was acting on behalf of the State of Bihar on 17-8-1946 for the supply of one lac maunds of local paddy at the rate of Rs. 6/12/ - per maund and one and a half lac maunds of Nepal paddy at the rate of Rs. 7/2/- per maund. Besides that, there was also a contract for the supply of rice and the plaintiffs per-formed their part of the contract to the entire satisfaction of the Government and there was dispute between the parties regarding any supply of paddy and rice. Plaintiffs submitted their bill on 17-1-1947 charging an actual shortage at the rate of 1½ seers per maund in respect of the supply of paddy and rice and the amount w











































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