MAHINDER KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) THE defendant in this suit instituted under Order 37 of the CPC, besides applying for leave to defend (I. A. No. 5256/2008) has also applied for rejection of the plaint (I. A. No. 5255/2008) on the ground of the claim in suit as per the averments in plaint itself being barred by time.

(2.) THE plaintiff as proprietor of M/s Kalu Ram Mahinder Kumar claims that the defendant between 1st April, 2002 and 31st March, 2003 purchased goods from the plaintiff of the total value of Rs. 57,49,414. 20p. The details of the 41 bills i. e the date, bill number and the amount, by which the plaintiff claims to have supplied goods to the defendant are set out in para 4 of the plaint. The last bill of the plaintiff is dated 25. 11. 2002. It is further the case of the plaintiff that the defendant has made payment of the total sum of Rs. 33,64,453. 60p till 31. 3. 2003 to the plaintiff. The details of the said 35 payments, i. e. the cheque number, date and amount are set out in para 5 of the plaint. The dates of the cheques commence from 9th August, 2002 till 15th March, 2003. The plaintiff has also shown a payment of Rs. 1,22,401. 60p on 29th March, 2003 but neither any cheque number has been given thereof nor the mode of payment thereof has been disclosed. It is further the case of the plaintiff in para 6 of the plaint that even thereafter, the defendant made payments to the plaintiff on 27. 9. 2003 of Rs. 25,000/- and on 10. 7. 2004 of Rs. 1,50,000/- by two cheques of Rs. 75,000/- each. A perusal of the amount of the said payments would show that they are all in round figures, save for payments of Rs. 62,032/- on 15th March, 2003 vide cheque No. 470757 and Rs. 1,22,401. 60p aforesaid. On the contrary, the amounts of the bills are not in round figures.

(3.) THIS suit for recovery of the balance amount of Rs. 22,09,980. 60p together with interest accrued thereon of Rs. 21,97,340/- i. e. for a total sum of Rs. 44,07,320/- has been filed.