HINDU UNDIVIDED FIRM PRABHURAM DEVARAM Vs. HINDU UNDIVIDED FAMILY FIRM GANGAVISHAN HANUMAN PRASAD AND OTHER

JUDGEMENT

(1.) Petitioner-defendant has preferred this revision petition under section 115 CPC to challenge judgment and decree dated 16th of March, 2018, passed by Addl. District Judge, Merta (for short, 'appellate Court'), whereby learned appellate Court has affirmed judgment and decree dated 20th of October 2011 passed by Civil Judge, (Jr. Div.), Degana, District Nagaur (for short, 'trial Court').

(2.) The facts, in brief, are that respondent-plaintiff filed a civil suit against petitioner before the trial Court for recovery of a sum of Rs. 22,633. Precisely, in the plaint, it is inter-alia averred by the respondent-plaintiff that petitioner-defendant from time to time purchased foodgrains and pesticides on credit from his firm Gangavisan Hanuman Prasad and requisite entries were made in the account books. As per version of the respondent-plaintiff, in the interregnum period, 14th of November, 1998 to 15th of March, 1999, petitioner purchased goods worth Rs. 14,596 on credit and when the amount was not paid, finally a notice was given and besides aforesaid amount, interest Rs. 8,737 @24% cumulatively, a sum of Rs. 22,633 was claimed by the respondent-plaintiff.

(3.) The suit was contested by petitioner-defendant and a detailed written statement was filed. In the written statement, many objections were incorporated by the petitioner-defendant and in the entire claim was repudiated. The learned trial Court, on the basis of pleadings of parties, settled four issues for determination. On behalf of respondent-plaintiff, he himself appeared in the witness box besides examining two other witnesses. Apart from oral evidence, 9 documents were also produced. To counter the evidence of respondent-plaintiff, petitioner himself appeared in the witness box and examined three other witnesses. For substantiating its defence, petitioner also produced 6 documents.