CHANDAN SHRI RAM SINGH Vs. ADRINGARAM GUNESHAJI

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 226 and 227 of the Constitution of India assailing the order dtd. 28/11/2023 (Annex.6) passed by the Senior Civil Judge, Jalore ('Trial Court'), whereby the application filed by the petitioner under Order 37 Rule 4 and 7 of the Code of Civil Procedure, 1908 ('CPC') has been dismissed and the order dtd. 20/5/2024 (Annex.7) passed by the District Judge, Jalore ('Appellate Court'), whereby the appeal preferred by the petitioner against the order passed by the learned Trial Court (Annex.6) has been dismissed.

(2.) In the instant writ petition, the petitioner has sought following relief(s):

(3.) Briefly stated, the facts of the case are that a summary suit was preferred by the respondent/plaintiff on 11/12/2017 against the petitioner/defendant under Order XXXVII of the CPC on 8/12/2017 for recovery of Rs.3,30,000.00 stating therein that the plaintiff is doing business of timber in Ahore town. In the suit, it was stated that vide Bill No.23 dtd. 14/12/2014 the petitioner/ defendant purchased timber of Rs.1,71,000.00 while agreeing with the terms of the payment i.e. interest @ 2/- per hundred under his own signatures. Thereafter, despite repeated requests when the payment was not made by the defendant, a registered notice along with AD was also served upon, however, the payment was not made. In the suit, it was further stated that even after receipt of the registered notice, when payment was not made, the suit was filed by the respondent/plaintiff. In support of the suit, the respondent/plaintiff exhibited photostat copy of the Bill, Cash Book of 2014-15 and relevant Books of Accounts, photostat copy of registered notice along with AD receipts.