Money Suit

Order 7 Rule 14 r/w Section 151 CPC

Order 18 Rule 17 r/w Section 151 CPC 

Civil Law 

Money Suit 

Appellant is a proprietorship firm, dealing with Interior Decoration and Construction Work. 

Respondent is a Registered Partnership firm, dealing with sale and supply of building materials. 

They often transacted with each other.  

Appellants made several purchases on credit from respondent firm.  Payments were made in part and same were credited to account of appellant. Allegedly, a balance of Rs. 4,35,250.18 remained due and despite repeated demands, same was not cleared. 

Even the legal notice did not yield any result. 

Consequently, suit for recovery of that amount alongwith accrued interest.

When matter was posted for judgment, plaintiff-respondent filed two applications, one for production of certain bills, another for leading additional evidence, trial court eventually dismissed both of them -- High Court, unwarrantedly reversed the order of trial court.

In view of settled law, impugned order of High court set-aside. 

Order of Trial Court, restored. 

Appeal allowed. 

[Paras 3, 11 to 13]

Bagai Construction Thr.Its Proprietor Mr.Lalit Bagai vs Gupta Building Material Store 

CA 1787/13 22/02/13 

[ P.Sathasivam JJ ]

[ SUPREME COURT ]