RAMNATH SAW MILL Vs. M.R. SHENVI

JUDGEMENT

(1.) BY this appeal, the appellant takes exception to the judgment and decree dated 22nd June, 2000 passed by the IInd Additional District Judge, Panaji in Regular Civil Appeal no.60/1999 allowing the appeal filed against the judgment and decree dated 7th May, 1999 passed by the Civil Judge, Senior Division, Panaji in Special Civil Suit no.150/1985.

(2.) THE appellant is the plaintiff and the respondent is the defendant in the above suit filed for recovery of an amount of Rs.25,946.20 with interest @ 18 % p.a. from 15th November, 1985 till actual payment. The parties shall hereinafter be referred to as per their status before the trial Court.

(3.) IN the suit, the plaintiff examined three witnesses namely Shripad Naik -PW1 - the partner of the plaintiff firm, Maria Mendonsa -PW2 and Digambar Tari -PW3. The defendant examined himself. The Trial Court by judgment and decree dated 7th May, 1999 decreed the suit. The Lower Appellate Court by judgment and decree dated 22nd June, 2000 allowed the appeal and consequently, dismissed the suit filed by the plaintiff.