J.K. BATTERIES Vs. PARASMAL JAIN

JUDGEMENT

(1.) This appeal is by the plaintiff against the judgment and decree dated 4.2.1997 by which the suit filed by the plaintiff for recovery of an amount of Rs. 1,20,695.50/- has been dismissed.

(2.) The facts, leading to filing of the appeal, briefly stated, are that the plaintiff filed the suit inter alia on the ground that the plaintiff is a company registered under the Companies Act and deals with the business of batteries. It was pleaded that the plaintiff appointed the defendants as distributors for Madras region in May, 1981. It was also pleaded that the defendants worked as distributors up to September, 1981 and the defendant No. 1 had signed the statement of accounts on 15.1.1981. As per the aforesaid statement of account, the defendants have acknowledged their liability to pay an amount of Rs. 99,748.50/- to the plaintiff. However, despite the notice the defendants did not pay the amount in question. Accordingly, the plaintiff filed the suit for recovery of Rs. 1,20,695.50/-.

(3.) The defendants were served by publication in the newspaper. However, they did not enter appearance. Accordingly, the defendants were proceeded ex parte. The defendants neither filed the written statement nor led any evidence.