BOOTA SINGH Vs. OM PARKASH HARI CHAND

JUDGEMENT

(1.) THIS civil second appeal arises out of the judgment and a decree dated 7.12.2005 passed in civil appeal No. 23 of 2005 partly accepting the appeal preferred by the plaintiff against the judgment and decree dated 24.1.2005 passed by Civil Judge (Junior Division), Kapurthala whereby the suit of the plaintiff had been dismissed.

(2.) RESPONDENT M/s Om Parkash Hari Chand filed the suit for recovery of Rs. 1,09,400/- allegedly on account of advance paid to the appellant herein during the course of business transactions. The suit came to be dismissed by the trial court vide its judgment and decree dated 24.1.2005. The plaintiff- respondent preferred an appeal before the District Judge Kapurthala who reversed the judgment and decree dated 7.12.2005 and passed a decree of Rs. 99,000/- with interest @ 12% per annum on the amount of Rs. 49000/- w.e.f. 24.7.1999 to 5.8.1999, at the same rate from 6.8.1999 till the passing of decree and @ 6% per annum from the date of decree till realisation on the amount of Rs. 99,000/-. This judgment and decree is the subject matter of the present appeal.