HABEEB BHAI Vs. K.K. CHOUDHARI

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 31-1-2006 passed by the District Judge, Sarguja (Ambikapur) in Civil Suit No. 5-B/2003 whereby the suit of the Respondent for recovery of the amount has been decreed. (The parties hereinafter shall be referred to as per their description in the judgment of the trial Court)

(2.) The Plaintiff filed the above suit for recovery of Rs. 1,03,539.40 with the averments that he is a forest contractor and he sold centering plates and timber of Rs. 69,506.40 on credit vide Bill dated 11-5-2000 and 20-6-2000. The Defendant promised that he shall be repaying the credited amount by July-August, 2000. However, when the Defendant did not pay the amount despite several oral reminders, a registered notice dated 17-6-2002 was sent to him and Defendant after receiving the said notice, paid a sum of Rs. 1,500/ - on 25-8-2002 and promised to pay the rest amount in the next month. It was further pleaded that he does not keep any separate cash book and whenever any customer buys, an endorsement of credit is entered in the bill itself and whenever the payment against the credit bill is received, the same is recorded on the back of the credit bill date-wise. Income Tax is assessed on the basis of cash memo. It was further pleaded that the Defendant paid Rs. 3,500/ -against the Bill No. 6 and claimed interest at the rate of 18%. The suit for recovery with the aforesaid pleadings was filed.

(3.) The Defendant in his written statement denied any purchase of centering plate and sawn timber on credit vide Bill No. 6 and 9. He stated that the above bills do not contain his signature. It was also pleaded that he had purchased timber on 4 occasions and the bill issued bears his signature and the letter dated 25-8-2002 written by the Defendant pertains to the amount payable against the above bill. Service of legal notice was denied and it was claimed that the payment against 4 bills mentioned in the written statement has been made.