MANGI LAL Vs. MOOL CHAND

JUDGEMENT

(1.) THIS is an appeal by the defendant against the appellate decree of District Judge, Bhilwara dated November 5, 1976 reversing the decree of Civil Judge, Bhilwara of dismissal of the plaintiff's suit passed on November 21, 1973 and decreeing the suit as against the appellant for Rs. 3426. 02 together with pendente lite and future interest at 6% per annum and proportionate costs.

(2.) FACTS, in brief, are that on February 8, 1971, the plaintiff-respondent instituted Civil Suit No. 2 of 1971 as against the appellant in the Court of the Civil Judge, Bhilwara for the recovery of Rs. 4051. 02 as principal and Rs. 1397. 48 as interest, in all for Rs. 5448. 50, as due against the appellant on the basis of an alleged mutual, open and current account between the parlies commercing on Miti Mingsir Budi 1 samvat 2022 and ending on Miti Chait Budi 15, Samvat 2024 and leaving the balance against the appellant as mentioned above. During this period, it was alleged that both the sides sent cash and goods to each other and from time to time, there was shifting balance of the amount due between the parties. The entries of Khata of the appellant were annexed as Annexures (a) (b), and (c) to the plaint.

(3.) MR. Rajendra Mehta, appearing for the defendant-appellant, contended that the plaintiff in the present case did not even state in his deposition that entries of the rokar bahi Ex. 4 to Ex. 68 were in his handwriting or were made by him or under his supervision. The plaintiff also did not depose that the entries were made when the transaction took place and also about the nature of the transaction pertaining to each entry. According to MR. Mehta, entries Ex. 4 to Ex. 68 were not duly proved by the plaintiff and no decree could be based on them.