SITARAM FABRICATION Vs. ITALIYA SILK MILL

JUDGEMENT

(1.) In the facts and circumstances of the case and having regard to the request and consent of the parties through their learned advocates, the petition was taken up for final consideration.

(2.) By filing this Special Civil Application, orders dtd. 2/3/2022 and 21/3/2022 below Exhibit 18 and 19 respectively passed by learned 3rd Additional Senior Civil Judge, Surat in Commercial Suit No.741 of 2021 are challenged. By order dtd. 2/3/2022, application of the petitioner- original plaintiff for adjournment was rejected and right to lead evidence in the suit was closed. By order dtd. 21/3/2022 below Exhibit 19, the application of the petitioner seeking to reopen the right of evidence was dismissed.

(3.) The Commercial Suit of the petitioner- plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 was for recovery of Rs.39,35,559.00. The petitioner stated that he was engaged in the business of all sale clothes. The defendant purchased from the plaintiff the silk clothes between the period from 1/8/2017 to 10/12/2017 and had promised to make the payment towards the price. It was stated that the sale was effected by challans. The list of one hundred challans were given in para 2 of the plaint. Divided into eight different invoices the total sale was Rs.39,35,559.00 which was sought to be recovered with interest.