C NAGARAJ, Vs. B N LAKSHMISHANKAR,

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgments rendered by the Courts below.

(2.) THE respondent herein is the plaintiff in O.S.No.112/2004. The suit was filed seeking to recover a sum of Rs.27,487.85 with interest thereof. The case as putforth by the plaintiff is that he is carrying on the business of sale of iron and steel materials in the name and style Sri Mangala Steels. The defendant who is stated to be an Engineering Consultant was purchasing materials from the plaintiff on credit basis, regarding which an account had been maintained and in that regard, since the outstanding amount had not been paid, the defendant is liable to pay the said amount. Hence, suit was filed.

(3.) THE defendant on being served with the suit summons had appeared and filed the written statement. The claim as made by the plaintiff was disputed and it is contended that the plaintiff had purchased the iron materials on credit basis. Insofar as the purchase as made by the defendant, it was claimed that the amount due had been paid and as such, there was no balance whatsoever. The trial Court on taking note of the rival contentions framed four issues for its consideration, which reads as hereunder: