- (1.) For reasons mentioned in the application, which is accompanied by affidavit, delay of 12 days in re-filing the appeal is condoned. C.M. No. 3009-C of 2011: Allowed as prayed for. CM. No. 3010-C of 2011 : Allowed as prayed for. Main Appeal: Defendant Jarnail Singh who has been partly unsuccessful in both the courts below, has filed the instant second appeal.
(2.) Respondent-plaintiff M/s K. Sandhu and sons through Proprietor Kabal Singh filed suit against defendant-appellant for recovery of Rs. 2,49,748/- i.e. Rs. 2,01,410/- as principal amount and Rs. 48,338/- as interest @ 12% per annum . Plaintiffs case is that plaintiff is running business as Commission Agent, whereas defendant is agriculturist and use to sell his produce at the shop of plaintiff. Defendant had been taking various advances on different dates, as detailed in the plaint and amounts of crop sold by the defendant were credited in his account. Ultimately, a sum of Rs. 2,01,410/- remained due as principal amount from the defendant at me end of the year 2002. The defendant failed to pay the same. Accordingly, the instant suit was filed by the plaintiff.
(3.) The defendant broadly denied the plaint allegations. It was also pleaded that some of the entries in account books of the plaintiff do not bear signatures or thumb impressions of the defendant. Plaint averments were broadly controverted. Some other pleas were also raised.;