GURMAIL Vs. M/S. LEKH RAJ AND SONS

JUDGEMENT

(1.) The appellant-defendant is aggrieved of the judgment and decree rendered by the Courts below whereby the suit of the respondent-plaintiff for recovery of amount of Rs. 1,29,748.37 i.e. principal amount of Rs. 96,195.00 and interest calculated upto date Rs. 33,553.37, has been decreed.

(2.) Mr. Sarju Puri, learned counsel appearing for the appellant-defendant submitted that the respondent-plaintiff filed the suit on the basis of the entries recorded in the roker bahies. The defendant had been raising the loans from the commission agency of the plaintiff on different dates and used to sign roznamcha roker maintained by the respondent-plaintiff firm. The advancement of the loan was emphatically denied in the written statement and it was asserted that bahi entries are manipulated. Originals of the manipulated bahi entries have not been produced which is a matter of record as noticed by the Courts below. In the absence of the same, the Courts below could not have decreed the suit.

(3.) He further submitted that there is no compliance of the provisions of Order 7, Rule 17 of the Code of Civil Procedure. Even interest @12% is too phenomenal. There is no evidence as regard the entry pertaining to the sale of agricultural produce.