SANTOSH KUMAR TIWARI Vs. ASHOK KUMAR AGRAWAL

JUDGEMENT

(1.) This first appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against judgment/ decree dtd. 26/10/2004 passed by Second Additional District Judge, Raigarh (C.G.) in Civil Suit No. 17B/2002, wherein the said court decreed the suit filed by the respondent for a sum of Rs.50,000.00 with interest.

(2.) The present appellant/ defendant is doing business of wholesale of fruits in the name and style of Sai Food Company having its office at Vijay Complex, Bhilai, District- Durg (C.G.). On 18/4/2002, the respondent/ plaintiff sent a Bank Draft No. 151068 dtd. 18/4/2002 worth Rs.50,000.00 to the appellant for supply of mango, grapes etc. It is alleged by the respondent that despite receiving the bank draft, the present appellant neither sent the fruits nor refunded the money. The respondent sent a notice dtd. 17/8/2002 to the appellant. As per version of the appellant, the draft was sent by one Rakesh Kumar Shukla who is fruit merchant at Raigarh and used to purchase fruits from him and he had already supplied the fruits to him. Rakesh Kumar Shukla was not made party, therefore, suit ought to have dismissed for want of proper parties.

(3.) Learned counsel for the appellant submits as under:-