LAWS(HPH)-2019-12-184

E.R MOTORS Vs. SHIVA DISTRIBUTORS

Decided On December 19, 2019
E.R Motors Appellant
V/S
Shiva Distributors Respondents

JUDGEMENT

(1.) The instant appeal, stands directed, by the appellants/defendants (for short "the defendants"), against, the verdict recorded by the learned District Judge, Solan, H.P., upon, Civil Appeal No. 27-?S/13 of 2016, whereby the latter while affirming, the, verdict recorded, by, the learned Civil Judge (Sr.Div), Kasauli, District Solan, H.P., upon, Civil Suit Whether reporters of the local papers may be allowed to see the judgment? No. 141/1 of 2013, hence, dismissed, the, appeal filed thereagainst, by, the defendants.

(2.) The plaintiff/respondent herein (for short "the plaintiff") claims, the, suit money, towards, payments of 'Castrol' Lubricants, supplied by it, to, the defendants. In proof of the afore sales, becoming made, by the plaintiff, to the defendants, the plaintiff tendered into evidence Ex.PW-?2/E-?1 to Ex. PW-?2/E-?6, exhibits whereof, are, apposite sale invoices, and, thereon, the, signatures of the defendant exist, and, also hence they are personificatory, vis-?a-?vis, the defendants accepting the supplies of goods, made to them, by the plaintiff. The plaintiff having proven, its, making the requisitioned supplies to the defendant, thereafter it also through Ex. PW-? 2/C, exhibit whereof, is the ledger account, of, the defendants, wherein the suit amount, is, reflected, to be, hence outstanding towards the afore supplies, as, made by the plaintiff, to the defendants w.e.f 1.4.2012 to 15.5.2013,

(3.) Though the learned trial Court, had assumed jurisdiction, upon, the apposite civil suit, given the plaintiff firm becoming located at arwanoo, and, also, upon, the supplies generating from Parwanoo, (i) thereupon with the apt cause of action, arising, within, the territorial limits of jurisdiction of Sub Judge, Kasauli, and, not within the territorial limits, of, the jurisdiction, of, Sub Judge, Arki, hence, enabled the learned trial Court, to, assume valid jurisdiction, upon, the extant suit.