GURDEV SINGH Vs. VASDEV

JUDGEMENT

(1.) Civil Suit No.41 of 2006 was brought before the learned Additional Civil Judge (Senior Division), Fatehgarh Sahib, ('trial Court' for short) by Vasdev and his proprietary concern, M/s Vasdev Jagdish Chand, Commission Agent, Anaj Mandi, Bassi Pathanan, for recovery of an amount of Rs.15,39,757/- including interest uptil 27.01.2006 @ 2 % per mensem or say 24% per annum as also future interest at the same rate. Case of the plaintiffs as noticed by the learned first appellate Court is as under:-

(2.) Case of the plaintiffs was contested by the defendants by filing a written statement wherein, besides pleading preliminary objections regarding maintainability of the suit, locus standi of the plaintiffs and bar of limitation, defendants, while admitting sale of crops by them at the shop of the plaintiffs, denied all other allegations of the plaintiffs, including the one regarding entitlement of the plaintiffs to recover the suit amount from them.

(3.) From the pleadings of the parties, learned trial Court formulated following issues:-