LAWS(ALL)-1988-2-54

ATMA RAM SHARMA Vs. DISTRICT JUDGE BULANDSHAHR

Decided On February 05, 1988
ATMA RAM SHARMA Appellant
V/S
DISTRICT JUDGE, BULANDSHAHR Respondents

JUDGEMENT

(1.) -

(2.) IN the small town of Bulandshahr there is a lawyer and a trader, a partner in the firm known as Messers Anupama. The petitioner is a lawyer ; the respondent is a trader. Over the years between them they had a relationship of a customer and a shop keeper. The petitioner often purchased cloth from the respondent, some times on cash and at times on credit and on occasions took merchandise on approval pending purchase. At one stage there was a misunderstanding between them on the running account. The misunderstanding was on the balance which was to be cleared on the merchandise purchased. The two could not resolve the issue between them and this occasioned Suit No. 263 of 1985 : Messrs Anupama v. Atma Ram Sharma before the First Munsif, Bulandshahr. The respondent shopkeeper sought a money decree and on contest received it. The petitioner filed an appeal before the District Judge, Bulandshahr.

(3.) THE strenuous and vehement arguments on behalf of the petitioner have been developed and on what the law is and at the outset certain cases were cited at the Bar. THE case cited at the bar are : AIR 1965 Alld. 189, 1983 ALJ 400, AIR 1957 SC 912, AIR 1976 SC 1054 and AIR 1957 Cal. 59.