SAB ELECTRONICS LTD Vs. BALAJI SALES AGENCIES

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC), is to the impugned judgment and decree dated 9.8.2001 which dismissed the suit for recovery filed by the appellant/plaintiff on the ground that the suit was not properly proved to have been instituted.

(2.) THE facts of the case are that the appellant/plaintiff supplied various torches and batteries to the respondents and on failure of the respondents to make the payment, legal notices dated 18.1.1995 and 27.3.1995 were issued. In the plaint, it was stated that as per the statement of account upto 31.3.1994, a sum of Rs.73,332.73/- was due from the defendants. Defendants could not be served in ordinary method and ultimately were served through publication, however, in spite of the same they failed to appear and were therefore proceeded ex parte. THE appellant/plaintiff, in the trial Court, proved the resolution entitling Mr. O.P. Talwar to file the suit as Ex.PW1/1. Statement of account was exhibited as Ex.PW1/3 and legal notices were exhibited as Ex.PW1/4 and Ex.PW1/6. One of the reply to the legal notices was exhibited as Ex.PW1/5.

(3.) IN view of the above, the appeal is accepted. Impugned judgment and decree is set aside. Suit of the plaintiff for recovery of Rs.1,09,441.28/- is decreed alongwith pendente lite and future interest @ 9% per annum simple till payment. Parties are left to bear their own costs. Decree sheet be prepared. Trial Court record be sent back.