VIJAY KOTADIYA Vs. SHADIK BHAI

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 29/1/2003 passed by the First Additional District Judge, Rajnandgaon (CG) in Civil Suit No. 13-B/1997 wherein the said court dismissed the suit filed by the appellant/plaintiff against respondent/defendant for recovery of the amount to the tune of Rs.96,156.00 as selling price of Bidi leaves.

(2.) Appellant was doing the business of Bidi leaves and on 31- 10-1995 the respondent/defendant purchased 291 bags of Bidi leaves for Rs.71,126.50. According to the condition, bill amount was to be paid within 15 days otherwise, 18% interest per annum was payable. On 6/9/1996 a notice for demand of amount was sent to the respondent but on 30/10/1996 he denied the transaction, therefore, suit was filed. The trial court recorded finding that no document or evidence has been produced regarding delivery of goods to the respondent at his place i.e., Kamthee that is why dismissed the suit.

(3.) Learned counsel for the appellant would submit as under: