PRADEEP KUMAR VERMA & ANOTHER Vs. SURINDER KUMARI

JUDGEMENT

(1.) Feeling dissatisfied with impugned judgments and decrees passed by both the courts below, appellant/defendant has filed the instant appeal.

(2.) Briefly, put the case of plaintiff-respondent is that defendants/appellants are running goldsmith shop under the name and style of R.K. Jewellers at village Ikolaha. On October 16, 2007 plaintiff/respondent handed over one gold necklace, four bangles and three gold rings weighing 140 gms in all to defendants/appellants in the presence of Jasvir Kaur and Surjit Singh for the purpose of sale @ Rs. 9650/- per tola, totalling to Rs. 1,30,000/-. Defendant No.1-Pardeep Kumar Verma issued receipt in this regard to the plaintiff/respondent and promise to pay an amount of Rs. 1,30,000/- after 2/3 days. Thereafter, the defendants did not make the payment despite request as well as the issuance of notice dated December 05, 2007, which necessitated the filing of suit for recovery of an amount of Rs. 1,30,000/- alongwith interest @ '2% per month.

(3.) The suit was resisted by defendants. They filed written statement raising preliminary objections inter-alia on the ground that the suit is not maintainable in the present form and that no cause of action has arisen for plaintiff to file the present suit. On merits it has been alleged that neither any gold ornaments were handed over to them nor they issued any receipt and thus, they prayed for dismissal of suit. Thereafter, plaintiff filed replication controverting the averments raised in the written statement and reiterating those contained the plaint. From the pleadings of the parties, following issues were framed;