DHANALAKSHMI PAPERS & BOARDS COMPANY Vs. S. SANKARAVEL

JUDGEMENT

(1.) The plaintiff in O.S No. 151 of 2004 on the file of the District Munsif Court, Sivakasi is the appellant in this second appeal. The case of the plaintiff is that they are a registered firm dealing in paper and boards. The defendant would purchase goods from the plaintiff firm on credit basis. Since 1995, the defendant had transactions with the plaintiff. The defendant would take the goods on condition that he would pay the value of the goods together with interest at the rate of 30%. As per the accounts maintained by the plaintiff as on 30.06.2003, the defendant owed to pay a sum of Rs.66,746/-. The plaintiff issued Ex.A14 notice calling upon the defendant to pay the said amount with interest. Since the defendant did not come forward to clear his liability, the plaintiff filed O.S No.206 of 2003 before the Sub Court, (later transferred to District Munsif Court, Sivakasi and renumbered as O.S No. 151 of 2004).

(2.) The manager of the plaintiff firm himself examined as PW.1 and Exs.A1 to A42 were marked. The defendant examined himself as DW. 1 and marked Exs.B1 to B4. The learned trial Judge by judgment and decree dated 25.10.2007, partly decreed the suit and directed the defendant to pay the suit claim of Rs.74,044/- with interest at the rate of 18% on the principal amount of Rs.66,746/- from the date of suit till the date of decree and at the rate of 6% on the principal amount from the date of decree till the date of payment. Aggrieved by the same, the defendant filed A.S No.8 of 2008 before the Sub Court, Sivakasi. The appellate Judge partly allowed the appeal and modified the trial court decree and directed the defendant to pay a sum of Rs.32,290/- to the plaintiff with interest at the rate of 30% per annum on the sum of Rs. 18,663/- from the date of suit till the date of realization. Challenging the same, the plaintiff filed this Second Appeal. The Second Appeal was admitted on the following substantial questions of law.

(3.) Heard the learned counsel on either side.