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1984 Supreme(All) 584

N.N.SHARMA
STATE OF U. P. – Appellant
Versus
JAYA SHREE TEXTILE AND INDUSTRIES LTD. – Respondent


Advocates Appeared:
JAGDISH SVARUP, M.N.B.SINGH, S.C.AGARWAL, VINOD SWARUP

N. N. SHARMA, J.

( 1 ) THIS is a plaintiffs revision directed against order dt. 4-4-1981 by Sri Kripa Shankar III Addl. Civil Judge Kanpur in Original Suit No. 144 of 1977 by which he rejected the application paper No. 22 Kha 1 of plaintiffs under O. 6, R. 17 of the Civil P. C. for amendment of the plaint and upheld the objection of respondents paper No. 24 C2.

( 2 ) SUIT No. 144 of 1977 was filed in the court concerned on 31-3-1977. The plaintiffs were State of U. P. and U. P. State Textile Corporation Ltd.

( 3 ) DEFENDANT was M/s. Jaya Shree Textile and Industries Ltd. having its registered office at Rishra, district-Hooghly, West Bengal.

( 4 ) THE suit was for recovery of Rs. 5,62,558. 53p. together with interest pendente lite and future at 12 per cent per annum. Costs of the suit were also claimed.

( 5 ) IT was alleged that State of U. P. had appointed plaintiff No. 2 its nominee for the supplies of Staple Fibre Yarn by the manufacturers against the allotment and had made various allotments in their favour.

( 6 ) DEFENDANT M/s Jaya Shree Textile and Industries Ltd. from 3-8-1974 to 21-10-1974 had supplied to the U. P. State Textile Corporation Ltd. applicant No. 2 certain quant









































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