CHOWKSI AND COMPANY Vs. BANSIRAM KARTAR CHAND

JUDGEMENT

(1.) THE defendant appellant has preferred this appeal against judgment & decree dated 16. 7. 1993 of the Additional District Judge No. 1, Ajmer whereby suit of the plaintiff (respondent) has been decreed for recovery of Rs. 80,191. 60p. against the appellant.

(2.) THE facts relevant for deciding this appeal are that the plaintiff Firm instituted a civil suit for recovery of Rs. 80,472. 70p. , which is an amount having been over paid in excess of the cost of the sugar purchased by the plaintiff Firm. In the plaint, it has been averred inter alia that total value of the sugar having been purchased by the plaintiff firm was worth Rs. 10,35,154. 40 whereas the plaintiff Firm remitted to the appellant Company a sum of Rs. 11,15,627. 10p, thereby made over payment of Rs. 80,472. 70p. by the plaintiff firm to the appellant Company.

(3.) DESPITE service of the notice, none appeared on behalf of the respondent plaintiff.