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1988 Supreme(All) 204

A.P.MISRA
UNION OF INDIA – Appellant
Versus
S. B. SINGH – Respondent


Advocates Appeared:
KAILASH CHANDRA SRIVASTAV, LALJI SINHA, RAJESH AGARWAL, SIDHESHVAR PRASAD SINGH

A. P. MISHRA, J.


( 1 ) THE applicant in this revision has challenged the judgement and decree dated 28-10-1983 passed in execution proceedings by virtue of which the transfer application for the transfer of the decree to another court filed by the respondent was allowed and objection under S. 47, C. P. C. of the applicant was rejected.

( 2 ) THE execution proceeding was in pursuance to the decree dated 25th September, 1980, passed by the court which made the award dated 1st December, 1971, rule of the court.

( 3 ) THE Union of India (hereinafter referred to as the applicant) auctioned certain quantities of iron girders at Mathura, which was taken an contract by Messrs S. B. Singh Sons (hereinafter referred to as the respondent ). This firm entered into a contract with the applicant on 21st August, 1970, for the purchase of released bridge iron girders. The said agreement was for the sale of 1225 tonnes of dismantled wrought iron girders at the rate of Rs. 451. 62 p. per ton, totaling for Rs. 5,53,479. 50 p. The first instalment of 15 per cent of the value of the material was payable immediately, the second instalment of 25 per cent of the value of the material was to be paid within






























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