HARKRISHAN LAL Vs. SARDARI LAL MILKHI RAM

JUDGEMENT

(1.) The present revision is directed against the impugned orders dated 15.10.2015 (Annexure P-5) rendered by the Civil Judge (Junior Division), Abohar and 25.1.2018 (Annexure P-7) of Additional District Judge, Fazilka, whereby the application of the petitioner submitted under Order 9 Rule 13 of CPC for setting-aside the judgment and decree dated 17.3.2009, has been declined.

(2.) Respondent No.1-plaintiff instituted the suit in the year 2003 against the petitioner-defendant for recovery of Rs.83,11,097.81P on the premise that defendant No.1 was a Rice Mill and a partnership firm, whereas defendant Nos.2 to 5 were partners and carrying on the business. Defendant No.1 purchased Jhona/Rice for their own use and sale on credit from the plaintiff firm against interest @ 18% per annum, customary rate of interest, which was prevalent in the market areas of Abohar, Fazilka, Jalalabad etc. As per the accounts of the respondent-plaintiff, the amount aforementioned was inclusive of principal and interest. The defendants did not appear and were proceeded ex-parte.

(3.) As per ex-parte evidence brought on record, the trial Court, vide judgment and decree dated 17.3.2009, decreed the suit for a sum of Rs.53,84,211.11P with interest @ 8% per annum on the amount due from the date of last transaction, i.e., 30.12.2000 and interest @ 6% per annum from the date of filing of the suit till the actual realisation.