GOBARBHAI JETHABHAI VAGHASIYA Vs. PARVATI PRINTS

JUDGEMENT

(1.) THIS appeal is filed by the present appellant against the order dated 26.9.2011 passed by learned Additional Senior Civil Judge, Gondal below Exh.5 application preferred in Special Civil Suit No.3 of 2011, whereby the Exh.5 application was rejected. The present appellant is the original plaintiff and the present opponents are the original defendants in Special Civil Suit No.3 of 2011 and for the sake of brevity, the parties are referred to as the plaintiff and defendants respectively.

(2.) THE brief facts leading to filing of this appeal are such that the defendant no.1 firm is a partnership firm which is engaged in the business of printing and dyeing of sarees and defendants no.2 and

(3.) LEARNED advocate Mr.Trivedi for the appellant-plaintiff submits that the trial Court has committed error in holding that no receipt of the said amount is produced by the plaintiff nor any books of accounts are produced. He also submits that defendant no.2 has issued cheque which amounts to receipt and so the trial Court has committed error in not relying on this documentary evidence and came to the wrong conclusion that plaintiff has not produced any receipt. He also submits that the trial Court has committed error in holding that in which capacity defendant no.2 has received money from the plaintiff and therefore committed error in rejecting the injunction application.