ANIL KUMAR Vs. ANURADHA SINGH

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the judgment and decree dated 9th September, 2013 of the Court of Additional District Judge (ADJ) -1 (South), Saket Courts, New Delhi of dismissal of Suit No.232/2013 filed by the appellant/plaintiff on 23rd May, 2011 for recovery of Rs.18,28,957.70 paise from the respondent/defendant.

(2.) It is the case of the appellant/plaintiff (i) that he is the partner of the firm known under the name and style of M/s Home Concepts; (ii) that the said firm M/s Home Concepts has been doing the business of manufacturing and exporting the home furnishings and made ups; (iii) that a copy of the Partnership Deed is filed along with the plaint; (iv) that in the year 2003, the respondent/defendant approached the appellant/plaintiff at the business place with foreign buyers; (v) that the respondent/defendant is the commission agent between the appellant/plaintiff and his buyers; (vi) that it was decided between the appellant/plaintiff and the respondent/defendant that the respondent/defendant will provide buyers to the appellant/plaintiff and the respondent/defendant will charge commission @ 5% on total sale from the appellant/plaintiff; (vii) that the respondent/defendant started charging 5% commission on total sale and the appellant/plaintiff used to pay 5% commission on total sale to the respondent/defendant from time to time;

(3.) This appeal came up first before this Court on 14 th March, 2016, when the following order was passed: