CHIRAG ENTERPRISEIS Vs. STAR TRADERS MERCHANTS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in O.S.No.90/1999 on the file of the 2nd Additional Sub Judge, Kozhikode. The appellant was the plaintiff and the respondents were defendants in the above suit.

(2.) The facts giving rise to this Appeal can be briefly summarised as follows (parties are referred to as in the trial court judgment) :-

(3.) The plaintiff is a business concern engaged in the wholesale business of boiled rice etc. The first defendant is a Partnership firm and the second defendant is the Managing Partner of the firm. They are customers of the plaintiff in rice business and the defendants owed Rs.1,95,730.55 towards credit purchase of rice as per proper books of accounts maintained by the plaintiff in the name of the first defendant as on 07.06.1996. Despite, demands at times, the defendants did not pay the amount. Hence the suit was filed for realisation of an amount of Rs.1,95,730.55 with interest from the defendants.