RAJ KUMAR CHAWLA Vs. LUCAS INDIAN SERVICES

JUDGEMENT

(1.) -The present appeal under Section 96 r/w Order 41 Rule 2 of the code of Civil Procedure, 1908 (hereinafter referred to as the 'Code') is directed against the judgment and decree dated 29th October, 2003. M/s. Lucas Indian Services, the plaintiff, filed a suit for the recovery of Rs. 3,61,186.74 along with interest. The suit was filed by the plaintiff for recovery of money for the goods supplied. This suit was contested by the defendant who had raised certain preliminary objections as well as had contested the claim on merits.

(2.) The defendants not only disputed the liability but even gave detailed facts in regard to the payments made to the plaintiff in Paragraphs 18 to 22 of the written statement. The defendants claimed that they were entitled to receive Rs. 40,000/- from the plaintiff for the goods which they had returned and this according to them had been accepted by the plaintiff in response to the letter dated 12th July, 1999 and 29th June, 2000. In other words, serious controversies had been raised relatable to various documents and the case was at the stage of admission and denial of documents and even issues had not been framed in the suit.

(3.) In the written statement the defendants claimed that they had specifically denied its liability and the plea taken was not vague. They had raised dispute with regard to quantum and quality of the goods alleged to have been supplied by the plaintiff to the defendants. They had also filed documents during the pendency of the suit. On 29th October, 2003, the case was fixed for admission/denial of documents on which date the admission/denial of the documents of the defendant was completed. Plaintiff had not filed original documents and resultantly his documents could not be admitted or denied and the case was adjourned for that purpose for 21 st November, 2003. On that very date, the application of the plaintiff under Order 12 Rule 6 was taken up for hearing and while referring to Para 15 of the plaint and the letter of the defendant sent to the plaintiff dated 12th July, 1999 being acknowledgement and admission of the debt, the Trial Court passed a decree for a sum of Rs. 1,90,949/- and for the remaining amount the suit was ordered to be dismissed. The Trial Court held as under: