KUSUM KUND DURGA Vs. KALRA PAPERS (P.) LTD

JUDGEMENT

(1.) ARGUMENTS in this case were concluded yesterday and this case was listed for today for passing of the judgment.

(2.) THE challenge by means of this Regular First Appeal(RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 24.11.2003 decreeing the suit of the respondent/plaintiff for a sum of Rs. 4,76,310/ - with pendente lite and future interest @ 12% per annum and costs. The suit has been decreed with respect to supply of papers and paper boards. The respondent/plaintiff filed the suit for recovery of money setting out a cause of action in the plaint of non -payment of dues in terms of a running account maintained by the respondent/plaintiff in its books qua the appellant/defendant. In the plaint, except mentioning of the statement of account, of the balance due in terms thereof, and the service of legal notice dated 27.9.1999, no other details were mentioned as to which are the specific bills of which payments remained due and outstanding.

(3.) AFTER completion of pleadings, the trial Court framed the following issues: -