PRAKASH CHANDRA Vs. KALLU SHAH

JUDGEMENT

(1.) PLAINTIFF has come up in revision under Section 115 of CPC against the judgment and decree dated 6-8-1996, passed by learned Ist Additional District Judge, Ratlam, in C. A. No. 16-B of 1996, which arises out of Civil Suit No. 9-B of 1995, decided by IInd Civil Judge, Class II, Alot, District Ratlam, on 24-1-1996. Plaintiff ('petitioner' herein) filed a suit for recovery of Rs. 1,652/-against the respondent for recovery of unpaid price of cloth which according to plaintiff, respondent/defendant had purchased from him on several dates between 12-9-1994 to 3-11-1994. According to plaintiff he is engaged in the business of sale of cloth and he sold certain quantity of cloth to the respondent/defendant on credit and made entries in his account books. He then alleged that he sent a notice to defendant to pay unpaid price of cloth sold to respondent/defendant but since defendant did not pay and hence, suit. The defence of the defendant was essentially that of a denial of having purchased the cloth as alleged. He said that he never purchased any cloth as such from the plaintiff and whenever he sold the cloth on behalf of the plaintiff as his commission agent to somebody else, he made the payment to the plaintiff and received 10% commission. He then alleged that the cloth which he did not sell, was returned to the plaintiff. The Trial Court decreed the suit but in first appeal, the suit came to be dismissed by the First Appellate Court, giving rise to filing of this civil revision by the plaintiff.

(2.) HEARD Shri V. A. Katkani, learned Counsel for the petitioner. None for the respondent, though served.

(3.) HAVING heard learned Counsel for the petitioner and having perused record of the case, I find no merit in this revision, and hence, it merits dismissal.