Tejinder Singh Dhindsa - (1.) DEFENDANT/appellant-Ram Singh is in second appeal before this Court.
(2.) RAJIV Kumar and Company through owner RAJIV Kumar/plaintiff filed a suit against the defendant for recovery of Rs.5,01,586/- i.e. Rs.3,79,990/- towards principal amount and Rs.1,21,596/- as interest. It was pleaded that the plaintiff firm was running a commission agency business and the defendant used to sell his agricultural produce to the plaintiff firm. It was also pleaded that the defendant used to borrow cash at different times as per his needs regarding which, entries were duly entered in the entry books/bahis. It was pleaded that upon settlement of the entire account, the defendant had acknowledged an amount of Rs.3,51,600/- due against him on 21.05.2005 and which entry was duly thumb marked by the defendant in the account books. Thereafter, various amounts were borrowed on different dates towards 04.06.2005 to 03.10.2005 regarding which, entries were also made in the account books, which were being maintained in the ordinary course of business. Plaintiff firm pleaded that after borrowing a total amount of Rs.3,79,990/-, the defendant stopped selling his agricultural produce to the firm and refused to return the amount, accordingly, the suit had been instituted for recovery of principal amount of Rs.3,79,990/- along with interest at the rate of 18% per annum as per the custom prevalent in the market. The defendant contested the suit stating that the entries in the account books were forged and he denied his thumb impressions against such entries. The defendant also categorically denied that he had never acknowledged an amount of Rs.3,51,600/- that was allegedly due to the plaintiff firm as on 21.05.2005. Defendant also denied his thumb mark against such entry.
(3.) UPON the pleadings of the parties, the following issues were struck by the Trial Court: 1.Whether defendant borrowed an amount of Rs.1402/- on 04.06.2005, Rs.1610/- on 17.06.2005, Rs.1547/- on 20.06.2005, Rs.1991/- on 20.06.2005, Rs.1675/- on 01.07.2005, Rs.815/- on 06.07.2005, Rs.1615 on 22.07.2005, Rs.865/- on 23.07.2005, Rs.350/- on 29.07.2005, Rs.555/- on 01.08.2005, Rs.1463/- on 03.08.2005, Rs.200/- on 04.08.2005, Rs.800/- on 06.08.2005, Rs.365/- on 09.08.2005, Rs.500/- on 13.08.2005, Rs.2690/- on 16.08.2005, Rs.300/- on 22.08.2005, Rs.1190/- on 23.08.2005, Rs.2000/- on 29.08.2005, Rs.330/- on 29.08.2005, Rs.1110/- on 05.09.2005, Rs.2076/- on 08.09.2005, Rs.1430/- on 27.09.2005 and Rs.1511/- on 03.10.2005? OPP 2.Whether the plaintiff is entitled for recovery of the suit amount as prayed for?OPP 3.Whether plaintiff is entitled for interest? If so at what rate? OPP 4.Whether plaintiff has got no locus standi and cause of action to file the present suit? OPD 5.Whether plaintiff is estopped by his act and conduct from filing the present suit? OPD 6.Whether suit is not maintainable? OPD 7.Whether entries in the books are forged and fabricated one and are without consideration and are not bearing signature/thumb impressions of the defendant?OPD 8.Whether suit is barred by time of limitation?OPD 9.Relief.;