M/S S.K. BAGRA & CO., 1806, BAGRA BHAWAN, CHAURA RASTA, JAIPUR THROUGH PROPRIETOR SH. S.K. BAGRA Vs. SH.S.K. BAGRA S/O SH. S.K. BAGRA, PROPRIETOR M/S. S.K. BAGRA AND CO.

JUDGEMENT

(1.) Challenging the validity of judgment and decree dated 24.03.1999 passed by the learned Additional District Judge, No.4, Jaipur City, Jaipur in Civil Suit No.44/1997, instant appeal has been filed.

(2.) Factual descriptions of the suit pertains to demand of money which is stated to have been wrongly paid to the appellant-defendants and a recovery suit was brought against the appellant-defendants pleading therein that during the course of search of the accounts, it was gathered by the bank on 05.09.1994 that appellant-defendant deposited Rs.4,000/- on 23.03.1989 through a cheque and because of a clerical error, Rs.40,000/- were entered as deposited instead of Rs.4,000/- in his account and this amount of Rs.36,000/- was withdrawn and used by the appellant-defendants, subsequently on 05.04.1989, appellant-defendants withdrew Rs.20,000/- by a cheque, which was wrongly entered as Rs.10,000/- and there was a difference of Rs.1,000/-, which was adjusted and accordingly an amount of Rs.45,000/- was found to have been deposited extra and used in addition by the appellant-defendants, which was demanded back by filing recovery suit.

(3.) The appellant-defendants, while submitting their written statements, denied the pleadings and refuted any such transaction and receipt of additional money, whatsoever. The learned trial court, after perusal of the pleadings framed following issues:-