ROOP LAL JINDAL Vs. EDMOND INTERNATIONAL

JUDGEMENT

(1.) BY this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) the appellant/plaintiff impugns the judgment and decree dated 14.3.2001, and by which judgment the suit of the plaintiff/appellant was instead of being decreed for Rs.2,03,037.77/- was only decreed for Rs.12,276.25/-.

(2.) THE facts of the case are that the appellant/plaintiff was the owner of two sole proprietorship concerns, namely, M/s. Deepak Handloom Industries and M/s. Sona Handlooms. THE subject suit pertained to eight bills, exhibited as Ex.PW1/2 to Ex.PW1/9, which are of the period from 1.7.1987 to 7.9.1987, and by which the appellant/plaintiff through its proprietorship concern M/s. Deepak Handloom Industries supplied goods being Bukle fabrics to the defendants. On the failure of the defendants/respondents to pay the amounts due, the appellant/plaintiff had sent a legal notice dated 4.1.1988, Ex.PW1/38, and to which the respondents/defendants replied vide reply Ex.PW1/39. Since the respondents/defendants still failed to pay the amount due, the subject suit came to be filed.

(3.) AFTER pleadings were complete, the trial Court framed the following issues:-