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1978 Supreme(MP) 83

H.G.MISHRA
KUNDANSINGH DOLATRAM – Appellant
Versus
STATE OF M P – Respondent


Advocates Appeared:
R.Gupta, S.K.DUBEY,

JUDGMENT :

( 1. ) THIS is a revision filed by the plaintiffs-applicants under section 25 of the Provincial small Cause Courts Act against the decision passed by the Small Cause Judge (Additional District Judge, Guna) in Small Cause suit No. 7 of 1971, whereby the suit of the plaintiff applicants has been dismissed.

( 2. ) THE facts so far material for the purposes of this revision are as. under:-

(a) The plaintiff-applicants instituted a suit against the defendant-non-petitioner on the allegations that the non-petitioner M. P. State sahkari Bipnan Sangh Maryadit, Bhopal, had agreed to sell to the plaintiffs 480 bags of Jwar at the rate of Rs. 72 per quintal. The plaintiffs deposited Rs. 2,000 in pursuance of the sale agreement between the parties.

(b) The defendant-non-petitioner supplied 240 bags of Jwar on 16-7-1970 to the plaintiffs. Thus an amount of Rs. 1,000 was appropriated by the defendant for aforesaid bags of Jwar supplied to the plaintiffs.

(c) On 27 8-1970 the plaintiffs asked the defendant-non-petitioner to supply the remaining 240 bags of Jwar. Although in the night of 27-8-1970 delivery of the balance bags of Jwar was taken by the officers concerned from the godown of























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