BRAHM PRAKASH Vs. WRAPS HYGIENE INDIA LTD

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 22.08.2006 which had endorsed the finding of the trial judge dated 20.05.2005 whereby the suit filed by the plaintiff M/s.<APL> Brahm Prakash </APL>& Co. seeking recovery of Rs. 71,230.00 which comprised of the principal amount of Rs. 63,950.00 plus interest was dismissed.

(2.) THE case of the plaintiff was that he had done work of paint and polish in the office of the defendant. He had raised a bill in the sum of Rs. 63,950.00; an advance payment of Rs. 15,000.00 had been paid by the defendant; thereafter a further sum of Rs. 20,000.00 had been paid by way of four cheques. The last cheque is dated 28.12.2000; the bill in the sum of Rs. 63,950.00 was raised upon the defendant but he had failed to pay the amount. In spite of legal notice, defendant had paid no heed. Suit was filed.

(3.) ON the pleadings of the parties, six issues were framed which read as follows:-