- (1.) Cm-11582-C-2015 Allowed, as prayed for, subject to all just exceptions. CM-11583-C-2015 Allowed. For the reasons mentioned in application, delay of 32 days in re-filing the appeal is condoned. This regular second appeal by the plaintiff is directed against the judgment and decree dated 20.11.2014 passed by learned Additional District Judge, Bathinda whereby appeal preferred by the defendants has been allowed while setting aside the judgment and decree dated 31.07.2013 passed by learned Addl. Civil Judge (Sr. Divn.), Bathinda and suit of the plaintiff has been dismissed. For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.
(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiff, being sole proprietor, is running the business of Commission Agent, under the name and style of M/s Jagan Nath Hakam Chand at Bhucho Mandi. It is averred that the plaintiff also maintains regular books of account i.e. khata, rokar, bahi, bill books and all the transactions are being made in these books of account, daily, regularly and correctly. The account books are maintained by Shri Hakam Chand in Mahajani (Lande) and the account books are also being produced before the Sales Tax as well as Income-Tax Departments and always found to be correct. The financial year of the firm of the plaintiff runs from Ist April of every year and ends on 31st March of the successive year and all the outstanding dues are being carried forward in the account books of next financial year. Kaura Singh son of Gulzar Singh, husband of defendant No.1 and father of defendant No.2, had dealings with the plaintiff for the last many years and he used to sell his crop through the agency of the plaintiff and also used to purchase goods on credit basis from the plaintiff and also used to borrow amount in cash from time to time himself and also through his son defendant No.2 and was having running account with the plaintiff for the last many years. After adjusting all the debit and credit entries in the account of Kaura Singh as on 31.03.2006, there was an outstanding balance of Rs. 2,17,781/- against Kaura Singh and the said amount of Rs. 2,17,781/- was carried forward in the account books of next financial year i.e. 2006-07. Accordingly, there was an opening balance of Rs. 2,17,781/- against Kaura Singh on 01.04.2006. Thereafter, on 17.05.2006, Kaura Singh through his son Tirlochan Singh defendant No.2, purchased goods on credit basis from the plaintiff for a sum of Rs. 1,600/- and the entry regarding the said amount of Rs. 1,600/- was made in the rokar bahi on the same day.
(3.) Thereafter, on 29.07.2006, Kaura Singh again borrowed a sum of Rs. 17,619/- in cash from the plaintiff and entry in this regard was made in the cash book and also in the ledger on the same day. On 29.07.2006 Kaura Singh after carefully going through his account with the plaintiff and after checking all the debit and credit entries acknowledged an outstanding balance of Rs. 2,37,000/- due and payable by him to the plaintiff and after acknowledging the said outstanding balance, said Kaura Singh put his signatures in the account books of the plaintiff and assured the plaintiff to pay the said amount within a few days. Thereafter, Kaura Singh never visited the shop of plaintiff nor made payment of any amount against the above said outstanding balance and the said balance of Rs. 2,37,000/- was carried forward in the account books of next financial year 2007-08. In the meantime, Kaura Singh died on 17.11.2007 leaving behind the defendants as his only legal heirs.;