VIKRAM KUMAR Vs. PARVESH GUPTA

JUDGEMENT

(1.) The appellant vide this regular second appeal i.e. RSA 198/2018 under Section 100 of the Code of Civil Procedure, 1908 assails the impugned judgment dated 05.11.2018 of the Ld. ADJ-06, Central, THC, New Delhi in RCA 62003/2016 which upheld the judgment dated 18.10.2016 of the learned trial Court of the CCJ-cumARC (Central District), THC, New Delhi in Suit No.18/14 (old number), 96521/2016 (New Number) where a suit for recovery of Rs.183163 filed by the respondent herein as plaintiff thereof against the appellant herein as defendant thereof as price of the goods supplied to the defendant/appellant herein were held to have not been paid by the defendant/appellant which were supplied vide bills Ex. PW1/2 to Ex.PW1/4.

(2.) The appellant whilst disputing the receipt of any goods as noted hereinabove, as submitted that the following substantial questions of law arise in the matter:

(3.) It was contended by the appellant that the goods in question never reached the defendant i.e. the appellant herein and thus there was no question of any payment being ordered to be made by the defendant/appellant inasmuch as the burden for proving that the goods had been delivered to the respondent herein was on the plaintiff i.e. the respondent herein which had not been discharged.