GURSEWAK SINGH Vs. USHA GIFT HOUSE

JUDGEMENT

(1.) RESPONDENT has elected not to put in appearance even though served by way of publication of notice. It, therefore, is proceeded against ex parte. Plaintiff -respondent M/s. Usha Gift House had approached the learned trial Court by way of civil suit No. 564 of 1985, for recovery of Rs. 9,000/ - on the plea that the defendant -appellant had purchased from it 15 ceiling fans, and five washing machines on credit, on 25.10.1985, for Rs. 8875/ - only and had appended his signatures on the bills to signify correctness thereof and to acknowledge receipt of the goods on credit. As per plea of the plaintiff -respondent it was also agreed between the parties that defendant -appellant would also pay interest on the afore -stated amount @2% per mensem. Defendant -appellant having failed to pay the suit amount despite repeated requests, the plaintiff -respondent was constrained to approach the Court.

(2.) DEFENDANT -appellant filed a written statement denying all what was stated in the plaint and adding that plaintiff -respondent had brought the suit on the basis of fabricated accounts.

(3.) DEFENDANT -appellant invoked the provisions of Section 39 of the Punjab Courts Act read with Section 96 and Order XLI of the Code of Civil Procedure assailing the correctness of the findings recorded by the learned trial Court, by filing an appeal. The appeal was barred by time and an application for condonation of delay was made.