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1999 Supreme(Mad) 150

A.SUBBULAKSHMY
Kalpana Trading Co. , Coimbatore – Appellant
Versus
Executive Officer, Town Panchayat, Tiruchirapalli and Another – Respondent


Appearing Advocates:R. Nandakumar, S. R. Sundaram, Advocates.

Judgment :-

Plaintiff is the appellant.

2. The case of the plaintiff is as follows :-

The plaintiff is a contractor and the first defendant placed order with the plaintiff for supply of two drainage carts and four rubbish carts and the plaintiff has sent those carts under invoice dated 16-11-1972 to the defendants. As per the invoice the defendants had to pay a sum of Rs. 10,634.98. The plaintiff received letters from the Divisional Development Officer. Tiruchy stating that the amount has been sent to the plaintiff by means of cheques dated 30-11-1973, 14-3-1974 and 3-7-1974. The plaintiff received that letter on 9-1-1975. The first defendant then sent a letter dated 7-10-1976 stating that the second defendant has misappropriated that amount. In spite of repeated demands, the defendant did not pay that amount. The plaintiff came to know about the fraud only. On 7-10-1976 and so, the suit is not barred by limitation. The plaintiff also claims interest at 9% and so, the plaintiff is entitled to a sum of Rs. 14,462.98.

3. The defendant resisted the suit on the ground that the suit is barred by limitation.

4. The suit was decreed by the trial Court, on Appeal, the first appellate Court set






























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