SIDHARTH KUMAR Vs. ALOK KUMAR

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the first appellate court dated 31.7.2015. Trial court vide its judgment dated 27.5.2014 had decreed the suit for recovery of Rs.1,29,850/- with interest at 8% in favour of the appellant/plaintiff and against the respondent/defendant on account of the goods being computer peripherals supplied. The first appellate court by its impugned judgment has dismissed the suit and hence this Regular Second Appeal under Section 100 CPC is filed by the appellant/plaintiff.

(2.) The facts of the case are that the subject suit was filed by the appellant/plaintiff seeking recovery of Rs.1,87,500/- on account of the balance dues towards goods having not being paid for, the goods being computer peripherals. Out of the suit amount a sum of Rs.1,29,850/- was the principal amount and the balance was towards interest at 24% per annum. Since in spite of service of the legal notice dated 14.12.2007, the respondent/defendant failed to pay the amount due, therefore, the subject suit was filed.

(3.) The respondent/defendant contested the suit by filing his written statement. The respondent/defendant is Sh. Alok Kumar proprietor of M/s Suncom Technologies. It was pleaded in the written statement that the suit was barred by limitation. It was also pleaded by the respondent/defendant that the suit was filed without any basis and there was no cause of action in favour of the appellant/plaintiff and against the respondent/defendant. On merits, it was pleaded that no doubt respondent/defendant used to purchase computer peripherals from the appellant/plaintiff, however, never any item was purchased on credit basis because on each occasion either payment was made in cash or through the cheque. The subject suit was therefore prayed to be dismissed.