RAJPATI PRASAD Vs. KAUSHALYA KUER

JUDGEMENT

(1.) This appeal by the defendant is directed against the decision of the 1st Addl. District Judge, Motihari, by which, reversing the judgment of the trial Court, he has decreed the suit filed by Bishwanath Kedia for recovery of a sum of Rs. 8,590.50 on account of price of motor car accessories supplied by the plaintiff to the defendant along with interest thereon.

(2.) The sole plaintiff Bishwanath Kedia died during the pendency of the appeal in the lower appellate Court and his heirs were substituted in his place and are respondents in this appeal except that one of his heirs the original respondent No. 2 died during the pendency of the appeal in this Court, and his heirs were substituted in his place.

(3.) The original plaintiff carried on business in motor accessories at Motihari in the name and style of M/s. Mohan Kedia and Company. According to the plaintiff's case the defendant owned trucks and cars and he entered into a contract with the plaintiff for supply of motor accessories as and when required on credit basis. In pursuance of the aforesaid contract supply to the defendants used to be made on the basis of Slips signed by the defendant and his employees and subsequently bills claiming the price for these goods supplied used to be sent to the defendant and the defendant used to make payment either in whole or in part of the sums claimed in the bills. It is alleged by the plaintiff that defendant had agreed to pay interest at the rate of 12 per cent per annum in the event of non-payment of the bills when submitted. The plaintiff's case further is that a bill bearing No. 94 dated 1-4-1962 for a sum of Rs. 5,274.71 was sent to the defendant and received by him on 4-4-1962 on account of the price due from him of motor accessories supplied on credit. On 12-5-1962 in satisfaction of the aforesaid bill the defendant granted to the plaintiff 3 post dated cheques, the first dated 15-6-1962 for a sum of Rs. 2000/- the second dated 15-7-1962 for a sum of Rs. 1500/- and a third dated 16-8-1962 for a sum of Rs. 1,774/- all drawn by the defendant on the Bank of Bihar, Motihari. But all of a sudden the defendant sent a letter dated 15-6-1962 to the Manager of the aforesaid Bank with a copy to the plaintiff asking him to withhold payment on the baseless ground that accounting had to be done and therefore, the three cheques stood dishonoured. The plaintiff's case further was that on assurance of the defendant, in spite of the cheques being dishonoured prosecution continued as before and various bills, the last being Bill No. 193 dated 1-11-1962, for a sum of Rs. 6,617.39 which included the amount covered by dishonoured cheques. According to the plaintiff, in spite of the demands the defendant did not care to make any payment in respect of the bill. Hence, the suit for payment of the amount of Rs. 6,670.39 with interest.