AVTAR SINGH Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The plaintiff has approached this Court by filing the present appeal under Sec.96 CPC against dismissal of Civil Original Suit No. 29/1998(Avtar Singh Vs. Sandeep Kumar) with costs by Addl. District Judge No.1, Sri Ganganagar vide judgment dated 27.08.2001.

(2.) In the suit for recovery, the appellant-plaintiff inter-alia averred that respondent-defendant who was engaged in selling agricultural goods Narma-kapas etc. in Sri Ganganagar city, after purchasing 92 quintal 12 kgs Narma-kapas (cotton) from him at village Kotha in the month of March 1994 @ Rs. 2000/- per quintal amounting to Rs.1,84,240/- paid him Rs.15,000/- and for the rest amount of Rs.1,69,240/- in his own handwriting made an entry in the 'Bahi' (account book) of plaintiff to the effect that the balance amount will be paid by him by 05.04.1994, however, thereafter he neither purchased any goods from him nor paid the amount due. It was alleged that the defendant in order to davour his amount stopped the business of purchasing and selling of Narma-Kapas etc. and has engaged himself in the business of Tent. It was further stated in the plaint that for payment of the balance amount many a times requests were made but the defendant did not gave any satisfactory reply and when he contacted the defendant on 10.03.1997 alongwith the witnesses then he refused to make any payment. Plaintiff claimed for a decree of Rs.2,59,360.30ps.including interest and also prayed for payment of principal Rs.1,69,240 alongwith interest @18% from the date of filing of suit till realization with costs.

(3.) The defendant in his written statement denied purchase of Narma from plaintiff in the month of March 1994 and his commitment for payment by 05.04.1994 in writing. He also denied plaintiff asking him for payment on 16.03.1997 in presence of any witness or meeting him. The defendant took the plea that the suit was barred by limitation as according to the plaintiff himself the period during which the goods sold to him was stated to be of March 1994. In better particulars, the defendant stated that the plaintiff lodged two First Information Reports against him and his father at Police Station Hindumal Kote under Sec.406 IPC in which he accepted having received Rs.50,000/- from the defendant and the police after investigation filed Final Reports which were accepted by the Court. According to defendant, the plaintiff is in habit of initiating false proceedings and in this chain, by filing the suit caused him much harassment and humiliation so the defendant is entitled to special damages to the tune of Rs.3,000/-. He prayed for dismissal of the suit with costs.