- (1.) This appeal has been preferred by the defendantappellants against the judgment and decree dated 12/02/1997 passed by the Additional District and Sessions Judge No. 5, Jaipur City, Jaipur in Civil Suit No. 300/1985, whereby the learned trial Court has decreed the suit of plaintiff-respondent against the defendant-appellants for Rs.6352/- with cost and interest. Material facts necessary for disposal of this appeal are that plaintiff-respondent filed a civil suit against the defendant-appellants in the Court of District judge, Jaipur City, Jaipur which was later on transferred to the Court of Additional District Judge No. 5, Jaipur City, Jaipur. The plaintiff-respondent filed this civil suit for recovery of Rs.16871.50/- against the defendant-appellants with the averment that in the year 1981-1982, defendant-appellants purchased goods of Rs.36920.30/- and towards this amount paid Rs.11,450/- thus, Rs.25452.30/- remained due against defendants upto 30/06/1982. Thereafter, upto 30/06/1983 defendants paid Rs.18100/- to the plaintiff and Rs.7352/- remained due against defendants. According to schedule "Ga" Rs.13700/- as principal and Rs.3171.50/- as interest upto 30/06/1985 total Rs.16871.50/- remained due against the defendants. The defendants did not pay the aforesaid amount despite service of notice of plaintiff's advocate, thus the cause of action arose.
(2.) The defendant-appellants submitted their written statement admitting the fact of business transactions between the parties and also the fact of due amount of Rs.25452.30/- against them upto 30/06/1982 and thereafter making payment of Rs.18100/- upto 30/06/1983. The defendants denied all other material averments of plaint and pleaded that they also returned an engine of Rs.3,950/- on 13/07/1982 through transport which was received by plaintiff, therefore, only Rs.3348/- remained due after 30/06/1983. Defendantappellants also pleaded that on 21/07/1983 an amount of Rs.1000/- was paid in cash and thereafter on 30/08/1983, a sum of Rs.2000/- was paid by demand draft and after 30/08/1983 only Rs.348/- remained due towards the defendant-appellants. It is also pleaded that plaintiff sold their engines through defendants thus, plaintiff left the due amount of Rs.348/- against the commission of said sale. Defendants denied having received the notice of plaintiff's advocate and prayed to dismiss the suit with cost. On the basis of pleadings of the parties, learned trial Court framed as many as 5 issues. Plaintiff examined PW-1 Naresh Kumar in its evidence and exhibited Ex-1 to Ex-15 documents. Defendants examined DW-1 Vijay Kumar and exhibited ExA- 1 to Ex A-4 documents. After hearing both the parties the learned trial Court decreed the suit against the defendant-appellants for Rs.6352/- with cost alongwith interest @ 18% per annum from 01/07/1983.
(3.) Being aggrieved and dissatisfied with the judgment of the learned trial Court, the defendant-appellants have preferred this appeal. Learned counsel for the defendant-appellants submitted that learned trial Court has not admitted amount of Rs.2000/- paid by the defendant-appellants by demand draft. The said finding is contrary to the documents available on record. Plaintiff produced copy of notice sent by his advocate to defendant on 15/06/1984 and exhibited the same as Ex-10. The fact of payment of Rs.2000/- by defendant-appellants to plaintiff by demand draft dated 30/08/1983 has been mentioned in the notice Ex-10 also, but the learned trial Court did not care to look into the said notice and not admitted the said amount, as such the trial Court has committed an error in not considering the document available on record.;