PREM SAGAR JAIN Vs. ADITYA OVERSEAS AND ANR

JUDGEMENT

(1.) Plaintiff has filed the present suit for recovery of Rs.44,44,755/-. Summons were issued in the suit on 17.1.2006. Defendants entered appearance and also filed their written statement. Thereafter following issues were framed on 4.8.2008:

(2.) The onus to prove issues No.1 and 2 was on the defendants. Being the main issues, the defendants were directed to lead evidence first. The defendants filed affidavits of two witnesses. Only one witness stepped into the witness box. He was cross-examined in part. Thereafter he stopped appearing and evidence of defendants was closed on 7.8.2012. Thereafter since the plaintiff did not lead evidence, the right of the plaintiff was also closed. However, the case was re-opened at the request of the plaintiff on 12.4.2013. Plaintiff has filed the evidence of one witness. None has chosen to cross-examine the plaintiff s witness.

(3.) The Plaint is duly supported by the affidavit of Mr Prem Sagar Jain, PW1. As per the plaint, the plaintiff is dealing in the business of metals. Defendant No. 1 is a firm/company and Defendant No. 2 is incharge of all day to day affairs of Defendant No. 1 and was also dealing with the plaintiff on behalf of Defendant No.1. Defendants had approached the plaintiff for purchase of metals and have been maintaining a statement of account with plaintiff.