BADI RAM Vs. R S COMPANY

JUDGEMENT

(1.) The appellant is the defendant whereas the respondent is the plaintiff and they will be referred to as such in this judgment. The defendant is aggrieved by the order dated 21-8-2000 passed by the District Judge, Kinnaur Civil Division at Rampur Bushahr, whereby the appeal of the plaintiff was allowed and the decree and judgment dated 7-3-2000 of the Sub Judge Ist Class, Rampur Bushahr, District Shimla, was set-aside. The Sub Judge had dismissed the suit as not maintainable being hit by Section 69 of the Indian Partnership Act (hereinafter called 'the Act').

(2.) In the appeal before the District Judge, the plaintiff had filed an application under Order 41, Rule 27, CPC for additional evidence to produce the original registration certificate of the plaintiff-firm which was allowed subject to payment of cost of Rs. 500.00 and the certificate of registration of the plaintiff firm was admitted in evidence as Ext. PX. After admitting the additional evidence, the suit of the plaintiff was remanded to the trial Court for disposal in accordance with law and in the light of the observations made in the order.

(3.) Brief facts of the case are that the plaintiff had filed a suit for the recovery of Rs. 49,500.00 against the defendant on the allegations that the defendant had bought goods on credit from the plaintiff firm and issued a cheque dated 5-9-1995 in the sum of Rs. 32,800.00 towards the price of the said goods which was dishonoured and the defendant became liable to pay the principal amount along with interest at the rate of 18% per annum.