PREM PRADHAN Vs. SANTOSH RAI SHRI PADAM RAI

JUDGEMENT

(1.) The impugned judgment dtd. 30/3/2019 passed by the learned District Judge, Special Division-I, East Sikkim at Gangtok (learned District Judge) in Money Suit No. 22 of 2016 is assailed in this appeal by the appellant who was the plaintiff. The learned District Judge has non-suited the appellant on the ground that he has failed to prove that during the year 2014 the defendant had purchased day old chicks and poultry feed from him for which he was liable to pay an amount of Rs.17,60,105.00. Document X sought to be produced by the plaintiff during trial seems to be central to the case sought to be established by the plaintiff. In the plaint the plaintiff produced a copy of document X and stated:

(2.) The defendant filed his written statement on 3/5/2017. With regard to document X he took the following plea:

(3.) On 6/11/2017 the learned District Judge recorded an order, at the time of filing of originals, stating that the learned counsel for the plaintiff claimed the photo copy to be the original agreement although it looked like a photo copy. The learned District Judge also recorded the objection of the learned counsel for the defendant. The learned District Judge admitted the documents in evidence subject to be being proved at an appropriate stage.