DEWAN AUTOMOBILES AND ANR Vs. BIRLA YAMAHA LTD

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed against the judgment of the first appellate court dated 29.2.2012 by which the appellate court set aside the judgment of the trial court dated 8.3.2010. Trial court had dismissed the suit for recovery of Rs.1,07,373.50/- and the appellate court allowing the appeal has passed a money decree of the suit amount in favour of the respondent/plaintiff.

(2.) The relevant observations of the first appellate court are contained in para 12 of the impugned judgment and which reads as under:-

(3.) A reference to the aforesaid para shows that the first appellate court has relied upon the document admitted and filed by the appellant/defendant itself and which showed a particular amount admitted to be due by the appellant/defendant. This document is Ex.DW1/D. Appellate court also notes that with respect to the return of generator sets as claimed by appellant/defendant the appellant/defendant had got the credit and the appellant/defendant had also got credit for advertisement expenses incurred by him. Therefore, the amount which was due after giving all required adjustments to the appellant/defendant, has been decreed in favour of the respondent/plaintiff.