SAGAR SIDA JESA Vs. THAKKAR NAROTTAM RAMJI KANABAR

JUDGEMENT

(1.) This Appeal preferred under Section 100 CPC by the defendant in Regular Civil Suit No.23/1981 arises from the judgment and order dated 31st March, 1984 passed by the learned Extra Assistant Judge, Jamnagar in Regular Civil Appeal No.193/1982.

(2.) The Appeal is admitted on following substantial questions of law :

(3.) The respondent-plaintiff instituted the above referred Regular Civil Suit No.23/1981 in the Court of Civil Judge (J.D.), Bhanvad for recovery of a sum of Rs.9,000=00. According to the plaintiff, he was dealing in groundnuts. He had made an advance payment of a sum of Rs.35,000=00 to the defendant for supply of groundnuts. Against the said advance payment, the defendant supplied groundnuts worth Rs.27,420=00. Therefore, the suit for recovery of the remainder of the amount and the interest. The suit was contested by the defendant by written statement Exh.8. He denied the allegations made in the plaint and his liability to pay the remaining amount to the plaintiff. It appears that the defendant produced receipt Exh.54 to establish that he had supplied groundnuts for the remaining amount and that the kachcha receipt was issued for the same by the son of the plaintiff. The learned Civil Judge believed the alleged receipt given by the son of the plaintiff. The learned Civil Judge, therefore, held that the defendant had supplied the groundnuts worth Rs.35,000=00 and more and that nothing was due from him to the plaintiff. He accordingly dismissed the suit.