LAWS(BOM)-2011-1-18

CHANDUR MORIANI Vs. VINOD GADA

Decided On January 14, 2011
CHANDUR MORIANI Appellant
V/S
VINOD GADA Respondents

JUDGEMENT

(1.) The learned counsel appearing for the Plaintiff states that summons for judgment has been served on 8th June, 2010 and there is no reply filed by the Defendant. The learned counsel appearing for the Plaintiff has placed on record the original documents. The suit is for recovery of the price of goods sold and delivered. Reliance is placed on various invoices and delivery challans the originals of which have been produced on record.

(2.) Notice of demand was issued by the advocate for the Plaintiff to the Defendant. There was a reply sent by the advocate for the Defendant in which it is contended that the goods were defective.

(3.) As there is no reply filed, in view of the documents on record and clause (a) of subRule 6 of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a judgment.