TELU RAM JAIN Vs. AGGARWAL SONS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the first Appellate Court reversing on appeal those of the trial court and decreeing the suit of plaintiff-respondent for recovery of Rupees 6500/ - with costs.

(2.) The respondent-plaintiff filed a suit for the recovery of Rs. 6500 / - on the grounds that Rs. 5021-49 were outstanding against the defendant-appellant on account of balance of the price of sanitary goods and material supplied to him on credit during the period from 28-4-69 to 15-10-1970 and Rs.1471-07 to be due from him by way of interest at 12 per cent per annum or in the alternative compensation for loss of interest and profit on the same by further investing in business. The defendant resisted the claim of the plaintiff on various grounds including that the plaintiff-firm being not a registered one, the suit was liable to be dismissed on that short ground. From the pleadings of the parties, the following issues were framed :-

(3.) In Velji Deorajand's case (supra) (1968) 1 ITJ 322 the Tribunal refused to take additional evidence on record and it was in this context the Division Bench of the Bombay High Court on a reference under S. 54 of the Indian Contract Act observed that the Tribunal found no difficulty in pronouncing judgment on the material on record, nor did it discover any lacuna or defect, which it was necessary to cure. Hence the Tribunal was justified in declining to admit the additional evidence. The judgment is in no way applicable to the facts of the present case. The first submission of the learned counsel is rejected.