RIYAJUDDIN Vs. RAJENDRA VASTRALYA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 4.5.1989 in Civil Appeal No. 2 -B/1980 by Additional District Judge, Manendragarh District Surguja affirming the judgment and decree dated 24.3.1986 in Civil Suit No. 19 -B/1984 by Civil Judge, Class -II, Manendragarh, whereby the suit of the plaintiff/respondent for recovery of Rs. 10,000/ - was decreed. The plaintiff/respondent filed a suit for recovery against the defendant/appellant. Averment of the plaintiff/respondent was that the defendant/appellant used to purchase cloth on credit from his shop and used to deposit, from time to time, the part price of the cloth purchased from him. Entries in his Khata were made by the plaintiff/respondent.

(2.) THE plaintiff/respondent sent a notice to the appellant/defendant for payment of the above amount. The amount was, however, not paid. Hence the recovery of suit for Rs. 10,000/ - with interest @ 12% per annum was filed by the respondent/plaintiff against the appellant/defendant before the learned Civil Judge, Class -II, Manendragarh, District Surguja. The defendant/appellant resisted the suit. He denied that he ever purchased any cloth on credit from the plaintiff/respondent. He denied that any amount towards price of cloth purchased by the defendant was outstanding.