SMC COMTRADE LTD Vs. NARNOLI BUILLION & ORS

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 23rd November, 2016 by which the suit of the Appellant/Plaintiff (hereinafter 'Plaintiff') has been dismissed on the ground that repeated applications have been filed and no evidence has been led.

(2.) The brief history of the matter is that a suit for recovery was filed by the Plaintiff claiming a sum of Rs.14,24,739/- along with interest. It is the case of the Plaintiff that it sold 1 kg gold to the Respondents/Defendants (hereinafter 'Defendants') for a sum of Rs.9,21,462/-. According to the Plaintiff, the Defendant Nos.1, 2 & 3 received the said 1 kg gold on 26th April, 2006 and assured to pay the consideration amount, which was not paid. Hence, the present suit.

(3.) The suit was registered on 4 th November, 2009. Immediately after the pleadings were completed, Plaintiff moved an application under Order XI Rule 12 CPC seeking the following documents.