GANESH AND CO Vs. MAYA STEEL SUPPLIERS

JUDGEMENT

(1.) HEARD Mr. P. M. Bapna, counsel for the appellant. Mr. R. C. Chazed, counsel for the respondents with reference to evidence on record. The appellants are hereby assailing correctness, propriety and legality of the judgment which has been passed by IX th Addl. District Judge, Indore in Civil Suit No. 108-B/88 by which the learned trial Judge has dismissed the suit of the appellants.

(2.) FACTS of the case need to be narrated for the purpose of unfolding the controversy. The appellants are running a firm in the name and style 'm/s Ganesh and Company' at Indore dealing in business of iron article including iron angles. In the plaint the appellants averred that on 1-12-1976 the appellants supplied two trucks load of the iron angles containing 90979 iron angles at the rate of Rs. 1900/- per tonne and were to recover Rs. 37960/- from the respondents as price of those angles supplied. They averred that in spite of delivery of those iron angles, the respondents did not pay its price and, therefore, the appellants were constrained to send a notice to them for demand of that amount. They further averred that in spite of receipt of such notice, on 15-11-1976, the respondents by their reply dt. 11-12-1977 refused to accept the liability of the said amount and to pay said amount demanded by the appellants. It appears from the evidence adduced that on account of that the appellants preferred a complaint to Indore Loha Mandi Vyapari Association which was dismissed by them in the year 1977. The plaint was filed on 15-10-1979.

(3.) AFTER appreciating the evidence on record and in the light of the arguments advanced, learned trial Judge dismissed the suit. Learned trial Judge disbelieved the evidence of appellants (original plaintiffs) on following grounds :