GIRJA PRASAD SHARMA Vs. SARDARLABH SINGH

JUDGEMENT

(1.) This is an application under Section 25 of the Provincial Small Cause Courts Act by the defendant against a judgment of the learned Small Cause Court Judge, decreeing the suit of the opposite party against him.

(2.) The plaintiff is a cloth merchant of Jamalpur from whose shop the defendant-petitioner used to purchase cloth. The plaintiff's case is that the defendant purchased cloth on credit from his shop on different dates under credit memos countersigned by him which were duly entered in his books of accounts maintained in the shop in regular course of business. His further case is that after some payments made by the defendant a sum of Rs. 648.48 inclusive of the interest amounting to Rs. 70/- remained unpaid and, accordingly, he instituted the suit in the court below for recovery of the same.

(3.) The suit was contested by the defendant on various grounds, inter alia, that the purchases made by him were on cash basis and never on credit. The learned S.C.C. Judge, however, on a consideration of the materials on record, decreed the suit and this revision application has, accordingly been filed in this Court.