- (1.) I may note at the outset that counsel for the respondent states that respondent/defendant is not contacting him for a long period of time. In my opinion, this is not a sufficient reason for adjourning this old appeal of the year 2004.
(2.) This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 9.12.2003 dismissing the suit filed by the appellant/plaintiff for recovery of Rs. 4,30,198/- alongwith interest being the amounts which were due with respect to unpaid invoices drawn towards supply of goods being Metallised Polyester film. The suit has been dismissed because it has been held not to have been validly instituted and also because the amount claimed in the suit is different from the total amounts of invoices.
(3.) The facts of the case are that the appellant/plaintiff filed the subject suit for recovery of amounts under the invoices bearing Nos.228, 289 and 328 dated 25.9.1997, 8.10.1997 and 18.11.1997 for the amounts of Rs. 1,42,336/-, Rs. 75,577/- and Rs. 94,222/- respectively. The appellant/plaintiff claimed that the last payment of Rs. 1,70,900/- was made by the respondent/defendant by means of pay orders on 13.5.2000. As the respondent/defendant is stated to have failed to make the balance payment, a legal notice dated 17.11.2000 was served, which having failed to elicit the desired response, the subject suit came to be filed.;