SUNIL GOEL Vs. RAJESH GUPTA

JUDGEMENT

(1.) This First Appeal is filed under section 96 of the Code of Civil Procedure, 1908 (CPC) by the defendant in the suit impugning the judgment of the trial court dated 2.8.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for recovery of Rs. 8,08,374/- along with interest at 6% per annum.

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that the appellant/defendant was liable to make payment to the respondent/plaintiff with respect to the job work of knitting fabrics etc in terms of the four invoices dated 12.12.2007, 22.12.2007, 28.12.2007 and 2.3.2008. It was further pleaded in the plaint by the respondent/plaintiff that as per the books of account maintained by the respondent/plaintiff there was a debit balance as against the appellant/defendant of a sum of Rs. 8,08,374/- as on 29.2.2012 and which amount should be decreed in favour of the respondent/plaintiff and against the appellant/defendant.

(3.) The appellant/defendant appeared and contested the suit. It was pleaded that the suit is barred by time because invoices are of the year 2007-2008 and the suit has already been filed in April 2012. It is denied that the account maintained by the respondent/plaintiff is an open, mutual and current account. It was also pleaded that the invoices in question have been forged and fabricated by the respondent/plaintiff in connivance with Ms. Kusum who left the appellant/defendant and joined the respondent/plaintiff.