OM PRAKASH Vs. GORDHAN

JUDGEMENT

(1.) APPELLANT-DEFENDANT No. 2 has filed this appeal against the judgment and decree dated 30-10-1991 passed by the 7th Additional District Judge, Indore, in Civil Appeal No. 21/89 affirming the judgment and decree dated 28-6-1991 passed by the Fifth Civil Judge Class II, Indore, in Civil Suit No. 18-A/1981.

(2.) THIS appeal has been admitted for final hearing vide order dated 12-7-1996 on the following substantial questions of law:

(3.) THE plaintiff/respondent No. 1 filed a suit for recovery of an amount of Rs. 11,000/- with interest at the rate of 18% per annum. He pleaded that he delivered sugar cane to a Mill named as Shri Kisan Mill between 1-3-1978 to 1-4-1978. The Mill was being run by a firm to which the appellant-defendant No. 2 was the partner. The total amount of sugar cane which was delivered by the plaintiff was of Rs. 9281. 27 Paisa and the defendant No. 1 firm paid only Rs. 1830/- and an amount of Rs. 7491. 27 Paisa was unpaid. He served a notice but the defendant No. 2 and the other defendants did not send reply to the aforesaid notice. The mill was closed. On the basis of the aforesaid pleadings the plaintiff prayed a decree of Rs. 11,000/- with interest at the rate of 18% per annum.