BABBAR SEWING MACHINE COMPANY Vs. TRILOK NATH MAHAJAN

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the Punjab and Haryana High Court dated 14th August, 1968 upholding an order of the trial Court dated 23rd May, 1967 striking out the defence of the defendant under O. XI, R. 21 read with S. 151 of the Civil P.C., 1908 and directing that the defendant cannot be permitted to cross-examine the plaintiff's witnesses.

(2.) The suit out of which this appeal arises was brought by the respondent Trilok Nath Mahajan, as plaintiff, against the appellant-defendant M/s. Babbar Sewing Machine Co., on 9th March, 1966 for recovery of a certain sum alleged to be due to M/s. Chitra Multipurpose Co-operative Society (Jogyana) Ltd., Ludhiana which remained unpaid towards the price of sewing machine sold on credit from time to time, claiming to be an assignee under a deed dated 27th April, 1965. The transaction sued upon was of the year 1959, and the suit was obviously barred by limitation. The plaintiff, however, pleaded that the defendant had acknowledged his liability by his letter dated 8th March, 1963 forwarding cheque No. 01194 dated 7th March, 1963 for Rs. 50/- drawn on the Punjab National Bank Ltd., Yamunanagar. The defendent disputed the plaintiff's claim and pleaded, inter alia, that he does not owe anything to the said society and as such the suit was not maintainable; that there was no privity of contract between the parties nor does any relationship of a creditor and debtor exist between them. He further pleaded that the suit was barred by limitation. He also pleaded that the trial court had no jurisdiction to try the suit.

(3.) On 11th November, 1966, the plaintiff moved on application under O. XI, Rr. 14 and 18 for production and inspection of the following documents: