LAWS(DLH)-2014-1-530

SHREE HARI VANSH COLLECTION Vs. VENUS GARMENTS

Decided On January 24, 2014
Shree Hari Vansh Collection Appellant
V/S
Venus Garments Respondents

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) impugns the judgments of the Courts below; of the trial Court dated 18.12.2012 and the appellate Court dated 7.9.2013; by which the suit of the respondent/plaintiff under Order 37 of Code of Civil Procedure, 1908 (CPC) has been decreed for a sum of Rs.2,22,748/- alongwith interest @ 12% per annum.

(2.) As per the suit plaint filed by the respondent/plaintiff the appellant/defendant had received garments and for which two bill Nos.119 and 120 were raised. Since these bills were not paid, a demand notice dated 17.10.2010 was served upon the appellant/defendant, which too failed to yield any result, and therefore the subject suit for recovery was filed.

(3.) The appellant/defendant after entering appearance filed its leave to defend application and which has been dismissed by the trial court by the impugned judgment dated 18.12.2012 and the appeal of the appellant/defendant has also been dismissed as stated above.