AMAR COMPANY Vs. RADHEY MAL RAM LAL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgments and decrees dated 21.10.2005 and 8.3.2006 passed respectively by the Additional Civil Judge (Senior Division), Faridabad (hereinafter described as 'the trial Court') and the District Judge, Faridabad (referred to hereinafter as 'the First Appellate Court') whereby the suit of the plaintiff -respondent was decreed and the appeal of the defendant -appellant was dismissed.

(2.) THE respondent had filed a suit for recovery of Rs. 3,19,810.43 against the appellant. It was pleaded that the appellant had been purchasing Hina leaves from the respondent on credit basis with effect from the year 1992 and that the credit account was maintained in the accounts books in the usual course of business. It was further pleaded that the appellant had purchased Hina leaves vide bill No. 224 dated 14.12.1995 for a sum of Rs. 36,667.12 duly acknowledged and ST -15 Form bearing No. 0003981 dated 1.4.1996 was issued. The appellant was said to have made part payments from time to time which were duly shown in the statements of account and as on 1.4.1996, a total balance of Rs. 2,34,364.43 was outstanding. It was averred that the appellant, after reconciliation of the accounts, paid a sum of Rs. 10,000/ - in cash to the respondent on 4.11.1996 and another sum of Rs. 10,000/ - on 5.11.1996, leaving a balance of Rs. 2,14,364.43 on that day. The respondent had also averred that the appellant was requested a number of times to make the payment, but no heed was paid to its request and hence, the suit was filed for recovery of the aforesaid principal amount along with interest to the tune of Rs. 1,05,446/ - calculated at the rate of 18% per annum from 1.4.1996 to 1.12.1998.

(3.) ON the pleadings of the parties, the trial Court framed the following issues: