DINESH & COMPANY Vs. DEEPAK

JUDGEMENT

(1.) This first appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against judgment/ decree dtd. 13/3/2007 passed by Tenth Additional District Judge (F.T.C.), Durg (C.G.) in Civil Suit No. 10B/2005, wherein the said court dismissed the suit filed by the appellant/ plaintiff for recovery of amount to the tune of Rs.87,000.00.

(2.) As per the appellant/ plaintiff, he is running his business of purchase and sale of silver and gold articles so also of its mortgaging. The appellant/plaintiff and respondent/defendant having very old good relationship. Father of the defendant used to mortgage the ornaments and after depositing the amount, he used to release the mortgaged ornaments. On 31/1/2003, the respondent, purchased on credit the ornaments namely necklace valued at Rs.40,500.00, Mangalsutra costing Rs.21,150.00 and Kangan Set costing to Rs.25,150.00 (total Rs.86,800.00). The respondent signed on the bill and he was also asked to deposit the above debt amount within two months. The amount was not deposited then a written notice was issued on 17/2/2004, but he has not made the payment i.e. why the suit was filed. The respondent denied all the averments and pleaded that he visited shop of the appellant for clearing the old account of his father and cleared the same, but he did not purchase anything from the appellant and did not sign on any document.

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