- (1.) M/s. M.S.T.C. Ltd., a Government of India undertaking and a company incorporated under the Indian Companies Act, 1956 filed a suit for the recovery of Rs. 69,43,692/- against M/s. Punjab Steel Corporation, Sekhri Building Shukarpura, Road, Batala, S/Shri Ashwani Kumar. Anand Kumar, Inder Kumar sons and Smt. Janaki Rani Sekhri wife of Shri Vishwamiter Sekhri and H.U.F. M/s. Vishwamiter Sekhri and sons through Shri Ashwani Kumar Sekhri as Karta, being the price of goods and interest thereon.
(2.) In this case, the following issues were framed by the learned trial Court:- "(i) Whether the plaintiff is entitled to the recovery of Rs. 69,43,6927- being the price of goods? OPP(ii) Whether the plaintiff is entitled to recover interest under Order 7, Rule 1, CPC? OPP(iii) Whether the plaintiff has suppressed the material facts from this Courts? If so, its effect? OPD (iv) Whether the defendant deposited the amount to the tune of Rs. 26,70,452.20/- in the account of the plaintiff in the books of account of the defendant? OPD(v) Whether the amount of Rs. 40,40,708/- was adjusted and a sum of Rs. 61,771.63/- is due and payable by the plaintiff to the defendants? OPD(vi) Relief."
(3.) Plaintiff led evidence in affirmative. Thereafter, defendants led their evidence. After the defendants had led their evidence, the plaintiff sought to lead evidence in rebuttal. Plaintiff sought to examine Paramjit Singh with a view to rebut the evidence led by the defendants, on the issues, the onus of which lay on them.;