UNION OF INDIA & ANR Vs. RANGANATHAN ENTERPRISES

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the judgment of the Trial Court dated 12.04.2004 by which the trial court has dismissed the suit for recovery of Rs.10,25,728.27 along-with interest filed by the appellant/plaintiff/Union of India against the respondent/defendant/partnership firm being the balance due on account of lottery tickets supplied by the appellants/plaintiffs to the respondent/defendant. The Trial Court has dismissed the suit on the sole ground that the documents filed by the appellants/plaintiffs were not proved on record. At this stage itself, this court would like to take note of the fact that the respondent/defendant was moved against ex-parte in the suit as it did not appear after service.

(2.) The facts of the case are that the respondent/defendant/partnership firm was appointed by the appellants/plaintiffs as a Stockist for the sale of the lottery tickets for various lottery schemes of the appellants/plaintiffs. That pending the execution of a written agreement between the parties, and in view of the oral agreement of July 1991, the respondent/defendant was appointed as a Lottery Stockist of the appellants/plaintiffs. The terms and conditions between the parties are those as stated in para 4 of the plaint and this para 4 of the plaint reads as under:-

(3.) The case of the appellants/plaintiffs was that it maintained an open, mutual and current account where all the transactions were reflected. Respondent/defendant committed default in submitting accounts in-spite of lottery tickets being supplied and draws being held by the respondent/defendant. At the request of the respondent/defendant further sale of tickets was stopped from the first week of November 1991 and for the period of engagement of the respondent/defendant as a lottery stockist of the appellants/plaintiffs, the draws which were held, and the amounts which were due because of respondent/defendant failing to submit the accounts, are those as per paras 14 and 15 of the plaint and these paras read as under: