- (1.) Cm No. 10811.C of 2008 Heard. For reasons mentioned in the application which is accompanied by affidavit, delay of 6 days in filing the appeal is condoned. The application stands disposed of. RSA No. 3643 of 2008 Plaintiff Vijay Kumar Sondhi who was substantially successful in the trial court but has been completely non-suited by the lower appellate court has filed this second appeal. Plaintiff-appellant supplied lime to defendant - respondent Zira Cooperative Sugar Mills Limited vide bills dated 4.3.1997 and 8.3.1997 pursuant to orders placed by the defendant. Plaintiff's case is that the defendant failed to pay the price of the said lime totalling Rs. 47,091/-. The plaintiff also claimed interest @ 24% per annum amounting to Rs. 33,904/- till filing of the suit. Accordingly, plaintiff filed suit for recovery of Rs. 80,995/-.
(2.) The defendant contested the suit. While admitting that plaintiff had supplied lime to the defendant, it was pleaded that the plaintiff did not adhere to the delivery schedule nor supplied the lime as per specification. The lime supplied was substandard. It was also pleaded that the dispute had to be referred to Arbitrator in view of arbitration clause in the contract. Suit was also alleged to be bad for non-joinder of Sugarfed as necessary part. Various other pleas were also raised.
(3.) Learned Additional Civil Judge (Senior Division), Phagwara vide judgment and decree dated 24.8.2007 partly decreed the plaintiff's suit for recovery of principal amount of Rs. 47,091/- with interest thereon @ 12% per annum from the dates of bills till recovery. However, first appeal preferred by defendant has been allowed by learned District Judge, Kapurthala vide judgment and decree dated 19.4.2008 and thereby suit filed by the plaintiff stands dismissed. Feeling aggrieved, plaintiff has filed this second appeal.;