J.J. TRADERS Vs. SAL MARKETING

JUDGEMENT

(1.) THIS suit for recovery of Rs.27,80,000.00 with pendente lite and future interest @ 18% per annum, though initially filed under Order XXXVII of CPC, was vide order dated 18th August, 2011 ordered to be treated as an ordinary suit. Recovery of money is sought from the two defendants jointly and severally. Defendant No.1 is stated to be a partnership firm of which defendant No.2 is a partner. Summons sent to the defendant No.2 were served through his wife as noted in the order dated 20 th January, 2011. Vide order dated 7th March, 2011, defendant No.1 was also ordered to be served through the defendant No.2. The order dated 18th August, 2011 records that the defendant No.1 had been served though the defendant No.2. Since none appeared for either of the defendants inspite of service, they were vide order dated 17th April, 2012 proceeded against ex-parte and the plaintiff directed to lead ex-parte evidence.

(2.) THE plaintiff has filed the affidavit by way of examination-in-chief of its partner Mr. Manish Saraff which was tendered into evidence and the exhibit marks Ex.PW1/1 to Ex.PW1/183 were put on the documents referred to therein and proved in evidence before the Joint Registrar. None appeared for the defendants to cross-examine the said witness of the plaintiff and none has appeared for the defendants today also.

(3.) THE plaintiff in its evidence has proved: