ITHAD TRANSPORT P LTD Vs. MALHOTRA AUTO SUPPLIERS

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of constitution of India challenging the order dated 12th August, 2008 passed in RCA No. 08/2007 by virtue of which decree and judgment of trial Court dated 07th March, 2007 had been set aside and the matter had been remanded back to trial Court after permitting respondent-plaintiff to file original of Ex. PW1/f and produce original ledger and bill books referred to by respondent-plaintiff in their cross-examination.

(2.) BRIEFLY stated, the material facts of this case, are that respondent-plaintiff had filed a suit for recovery of Rs. 96,081/ -. However, trial Court dismissed respondent-plaintiffs suit primarily on the ground that respondent-plaintiff had not brought on record original documents and had also not proved its accounts and any delivery challan/ receipts showing acceptance of goods on behalf of petitioner-defendant.

(3.) APPELLATE court after perusing the statement of PW1 came to the conclusion that bill books and ledgers were produced in cross-examination of PW1 and having been asked questions with regard to the said documents, the same should have been taken on record. Consequently, vide impugned order the matter has been remanded back to trial court.