RATAN AUTOMOBILES Vs. RAIGARH SAINIK TRANSPORT COMPANY PUNJIPATHRA

JUDGEMENT

(1.) This is plaintiff's appeal under Section 96 of the CPC assailing the judgment and decree passed by the trial Court dismissing his suit for recovery of Rs. 6,61,062/-.

(2.) The plaintiff deals in tyres, tubes and flaps of four wheelers including trucks. The defendant has its transport business at Punjipathra, Raigarh. In connection with his business, the defendant was procuring tyres, tubes and flaps on credit from plaintiff and was paying the amount as per its convenience either through cheque or cash. As per plaintiff's case, the defendant was continuously purchasing the above items till 04.12004, however, thereafter it stopped making payment of the balance as on that date, which was not paid despite service of legal notice.

(3.) The defendant denied the plaint allegations and stated that it has never purchased any item on credit from plaintiff's shop. According to the defendant, the suit is false and vexatious as also barred by limitation.