JALE KHAN Vs. NEMICHAND & CO.

JUDGEMENT

(1.) Heard.

(2.) The appellant/defendant has preferred this first appeal assailing the judgment and money decree dated 05.02.1993 passed by learned District Judge, Balotra, in Civil Original Suit No. 35/84- Firm Nemichand & Co. v. Jale Khan, whereby the suit filed by the plaintiff was decreed to the extent of Rs. 10,557.79 with interest and costs. The respondent/plaintiff filed suit under Order 37 of CPC, 1908, on account of non-payment of sum on account of supply/sale of clothes to the defendant in the regular course of business.

(3.) On the basis of documentary as well as oral evidence produced by the plaintiff, the suit has been decreed to the aforesaid extent. The Issue No. 1 regarding registration of plaintiff firm was also decided against the defendant and clearly noticing, the learned trial court held that the defendant has not raised any specific objection about the said issue either in the written statement or in the oral evidence that the plaintiff firm was not registered and, therefore, the suit was hit by Section 69(2) of the Indian Partnership Act, 1932.