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1986 Supreme(Ori) 49

B.K.BEHERA, P.C.MISRA
FAKIR CHAND SETH – Appellant
Versus
DAMBARUDHAR BANIA – Respondent


Advocates Appeared:
B.B.DAS GUPTA, B.Pal, J.N.PATNAIK, N.C.MOHANTY, P.PALIT, R.MOHAPATRA, S.K.BISWAL

P. C. MISRA, J.

( 1 ) THE plaintiff is in appeal against the judgement of the Subordinate Judge, Bhawanipatna in Money Suit No. 33/73 wherein he had prayed for recovery of Rs. 17,815/- including interest due on an agreement executed by the defendant on 19-1-1972.

( 2 ) THE plaintiff's case is that on 19-1-72 he advanced a sum of Rs. 15,000/- to the defendant for supply of paddy in evidence whereof the defendant executed a document (Ext. 2) incorporating the terms agreed to between the parties. It was stipulated therein that the defendant is to supply 350 bags of paddy at the rate of Rs. 43/- per bag of fine paddy and at the rate of Rs. 45/- per bag of superfine paddy by 28-2-72 and after the said supply the defendant was to take return of the document executed by him. The plaintiffs case is that the defendant neither supplied the paddy nor refunded the advance money to the plaintiff in spite of several demands though the defendant had sent two letters to him requesting for time to settle up the matter. The plaintiff has alleged that he is not a regular money-lender and the aforesaid transaction was a solitary one in which he had advanced money for purchase of paddy as aforesaid.













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