BAJRANG TEXTILE Vs. FAGULAL

JUDGEMENT

(1.) LEGALITY and propriety of the judgment and decree dated 19.01.2004 passed by the First Additional District Judge, Raigarh, in Civil Appeal no. 3-B/02, is under assail in this revision.

(2.) FACTS of the case, in brief, are that the plaintiff is proprietor of the firm M/s Bajrang Textiles dealing in business of cloths. The defendant is his customer used to purchase cloths from his shop. On 30-04-1997, he purchased cloth valued at Rs. 5640/- on credit but did not pay the same despite demand notice, and therefore, the plaintiff filed the instant suit for recovery of Rs. 7500/-i.e 5640/= (principal amount) + 1,860/- (interest).

(3.) IN the instant case, as referred hereinabove, the plaintiff did not utter a single word in his deposition whether or not the books have been regularly kept in the course of business and the entries therein are correct which is a pre-requirement to make an entry relevant and admissible. Rationale behind admissibility of parties' books of account as evidence is that the regularity of habit, the difficulty of falsification and the fair certainty of ultimate detection give them in a sufficient degree a probability of trustworthiness. Therefor, without proving the fact that such books of accounts are kept in regular course of business by examining trustworthy witness in this behalf, the entries cannot be said to be relevant or admissible under Section 34 of the Evidence Act.