- (1.) Iqbal Singh - defendant No. l, who was partly successful in the trial court, but has been unsuccessful in the lower appellate court, has filed the instant second appeal.
(2.) Respondent No. 1-plaintiff M/s Gian Chand Mangat Rai filed suit against defendant No. l-appellant and proforma respondents No. 2 to 5 as defendants No. 2 to 5 for recovery of Rs. 6,52,225/-, alleging that the plaintiff is Commission Agent. Defendant No. l had dealings with the- plaintiff and had opened mutual current open account with the plaintiff. Between 05.04.1999 and 11.12.2000, defendant no.l himself and also through defendants No. 2 to 5 borrowed various amounts detailed in Annexure A-l with the plaint. Some amount was deposited by defendant no.l on different dates between 17.06.1999 and 08.06.2001 by sale of agricultural produce. Ultimately, a sum of Rs. 4,28,372.50 paise as principal amount remained due from defendant no.l to the plaintiff. The plaintiff also claimed Rs. 2,22,752.50 as interest thereon at the rate of 2% per month as per prevalent market rate.
(3.) Defendants no.l and 3 only contested the suit. They broadly denied the plaint allegations. It was pleaded that they never borrowed any amount from the plaintiff nor opened any account with the plaintiff. It was alleged that defendant no.l had been taking the amounts of the crops sold by him through the plaintiff. Various other pleas were also raised.;