V V TEXTILES Vs. MAHAVIR FABRICS

JUDGEMENT

(1.) THE defendant in O.S.No.111 of 1982 on the file of the Principal Subordinate Judge, Pondicherry, is the appellant in the second appeal.

(2.) THE suit was filed by the respondent herein represented by its partner for recovery of Rs.6,419.96 being the balance amount due by the defendant/appellant towards credit purchase of cloth, subsequent interest and costs. THE case of the plaintiff was that the defendant purchased textile goods between 7.5.1981 and 21.8.1981 for a total value of Rs. 18,208.96 on credit, that they were credit sales and it was agreed between the parties that the defendant had to pay interest at 18% per annum if the credit bill was not discharged within 30 days from the date of purchase, that the defendant had paid Rs. 11,789 on various dates towards the purchases, but, failed to pay the balance amount of Rs.6,419.96 after 8.12.1981, that a lawyer's notice was issued and the suit came to be filed.

(3.) THE defendant filed appeal in A.S.No.104 OF 1984 before the I Additional District Court, Pondicherry. THE learned District Judge confirmed the decision of the trial Court and dismissed the appeal. Even before the lower appellate Court, the non-registration of the plaintiff's firm was put forward as an objection to the maintainability of the suit by the defendant. THE learned Additional District Judge held that this plea not having been raised in the written statement, it did not arise for consideration in the appeal.