- (1.) This first appeal under Section 96 of CPC has been filed by defendants/appellants against the judgment and decree dated 16.01.1989 passed by learned District Judge, Merta in Civil Suit No.30/1981 whereby the learned trial Court, while allowing the suit for recovery of money filed by the plaintiff/respondent has ordered the defendants/appellants to pay principal amount of Rs.18,516.65 along with interest of Rs.11,978.35 and Rs.14 as bank commission to the plaintiff/respondent.
(2.) Briefly stated the facts giving rise to the instant appeal are that the plaintiff/respondent filed a suit for recovery against the defendants/respondents inter alia alleging that he is engaged in business of food grains in Merta and defendant appellant Vijay Kumar placed an order for purchase of 165 bags of Tara Mira Oil seeds to the plaintiff firm whereupon plaintiff respondent sent the said goods to the defendant. For the aforesaid transaction of sale, two bills bearing No.318 and No.319 amounting to Rs.32,708.50 and Rs.16,365/- respectively were sent to the defendant/appellants for payment. The said amount was not paid by the defendants/appellants, for which due entries were made in the ledger book of the plaintiff/respondent. When the goods were duly received by the defendants/appellants, they gave four cheques to the plaintiff/respondent for payment, out of which one cheque of Rs.10,000/- was duly honoured on 16.10.1975 and remaining three cheques, amounting to Rs.10,000/-, Rs.15,000/- and Rs.14062.75 respectively were dishonoured by the Bank. Thus, an amount of Rs.39,073.50 remained unpaid. It was further alleged by the plaintiff in the plaint that the defendant/appellant has paid a total amount of Rs.28,250/- to the plaintiff/respondent on various dates as regards the aforesaid remaining amount, details of which are mentioned in para No,.3 of the plaint. It is further alleged in the plaint that that the defendant/ appellant has supplied goods of Rs.1667/- to the plaintiff, amount of which was duly credited in the accounts of the defendant/appellants. Thus, a total amount of Rs.29,917/- was paid by the defendant/ appellant and remaining amount was not paid by the defendant/appellant. The plaintiff, thus, claimed that a total amount of Rs.31,500/- is outstanding against the defendant/appellant, out of which Rs.19,156.50 towards principal amount, Rs.12,329.50 towards interest and Rs.14 as bank commission and prayed for passing the decree in his favour.
(3.) The defendants/appellants submitted the written statement and denied the contentions raised by the plaintiff/respondent in the suit. It was stated in the written statement that there was agreement between the parties that the Tara Mira oil seeds to be supplied by the plaintiff/respondent will not have any dust/waste more than 500 grams per bag and in case the dust/waste is found to be more than 500 grams per bag, then, the defendants will be entitled to deduct the amount of goods proportionately and on checking of the goods supplied by the plaintiff/respondent, total 8800 grams of dust and sand was found in 165 bags, for which a debit note of Rs.2007.33 was made and this amount was deducted from the amount due. It was stated in the written statement that besides the amount of payment and the supply of misc. goods as mentioned by the plaintiff/respondent, the defendants/appellants made a payment of Rs.400/- on 11.4.179 to Shri Kailash, broker on behalf of plaintiff. Goods amounting to Rs.132.90 and Rs.116.95 were also supplied to the plaintiff on 4.9.79 and 27.9.79 through Sundardas Jindalmal, which bears the signature of Ashok Kumar. It is further stated in the written statement that cartons of soap worth Rs.16,500/-was supplied to Sh. Ashok Kumar, brother of the plaintiff on 25.4.1980 through firm Vijay Kumar Rajkumar. In view of above, it was submitted that the defendants/appellants have fully paid the amount towards the goods supplied by the plaintiff/respondent and there is nothing due against him.;