PRABHAKAR TRADERS Vs. VEEJAY TRADERS AND OTHERS

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, accepting the appeal filed by the defendants and dismissing the suit of the plaintiff.

(2.) The plaintiff-appellant filed a suit for recovery of R$.39,097.52p on the ground that the plaintiff deals in the sale of foodgrains. Defendant No. 1 is a registered firm, whereas defendant Nos. 2 to 5 are the registered partners of the said firm dealing in purchase of paddy etc. The defendant-firm purchased on credit paddy worth Rs. 32,505.38p from the plaintiff and took the same to their firm at Phagwara. The bills mentioned in the plaint were issued to the defendants and the defendants issued the declaration form ST-XII under their signatures after verifying the correctness thereof, The goods purchased by the defendants were duly entered into account books and the price thereof was duly debited in the name of the defendants. Thus, the plaintiff is entitled to recover the amount for which, the defendants have purchased paddy.

(3.) Defendant No. 5 Jagdish Chand filed his separate written statement admitting the claim of the plaintiff to the effect that the defendant firm purchased on credit paddy worth Rs. 32,505.28p and the defendant firm issued declaration forms admitting and verifying the correctness of the bills. The other defendants in their written statement denied any purchase of paddy from the plaintiff or issuing of any declaration form by any partner of the firm. The said defendants denied that any goods were purchased from the plaintiff. It is mentioned that defendant No. 5 is maternal uncle of the plaintiff and his wife is one of the partners of the plaintiff-firm. The said Jagdish Chander owes lot of amount to the answering defendants and in order to have wrongful gain and cause harm to the answering defendants, he has got false suit filed by the plaintiff against the answering defendants.