SHAM LAL Vs. KASHMIRI LAL

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 6.11.2009 dismissing the suit filed by the appellant/plaintiff for recovery of moneys claimed on account of commission due for selling the fruits to the defendants.

(2.) THE facts of the case are that the appellant/plaintiff claimed that the amount in the suit being the principal amount of Rs. 3,82,130.61/- alongwith interest @ 24% per annum totaling to Rs. 4,53,436.06/- is due as per statement of account and therefore the defendants are liable to make the payment.

(3.) TRIAL Court dismissed the suit by observing that the appellant/plaintiff had failed to prove his case because he had only filed the ledger account as Ex.PW1/1, and which in itself was not sufficient in law to fasten liability upon the respondents/defendants.