Gopal Krishan Vyas, J. - (1.) BY way of filing the present first appeal under Sec. 96, C.P.C., the appellant M/s. Capital Industries Pvt. Ltd. has challenged the judgment and decree dt. 28.04.1988 passed by Additional District Judge, Bikaner in Civil Original Suit No. 18/185 whereby the learned trial Court has decreed the suit for Rs. 11,421.86 paisa against the defendant -appellant. According to the facts narrated in the appeal, a suit for recovery of money was filed against the defendant -appellant by the plaintiff -respondent. In the suit, it was averred that there existed commercial relations between the plaintiff and defendant and the defendant -appellant used to purchase gypsum from plaintiff -respondent from time to time, and till 01.04.1969 a sum of Rs. 4,950.13 paisa was due in the defendant -appellant. It was further averred that during the period from 05.04.1969 to 24.11.1969, the defendant -appellant purchased gypsum of Rs. 27,924.89 paisa. Out of the said amount a sum of Rs. 17,999.03 was paid. According to the suit filed by the plaintiff -respondent, a sum of Rs. 14,885.24 paisa which includes interest was due in defendant -appellant.
(2.) WRITTEN statement was filed by the defendant -appellant controverting the allegations made in the suit and it was specifically denied that there was any commercial relations between the plaintiff and defendant. It was further stated that the defendant -company is known as M/s. Capital Industries Pvt. Limited whereas the plaintiff has commercial relations with the Society known as M/s. Capital Cooperative Industries Society Limited. It was also pointed out that bills were also in the name of the Society and further declaration given under Form -'C' as required under the provision of the Sales Tax Act, was also given by the said Society. While denying the commercial relations, it was further replied that there is no jurisdiction left with the Court. Learned trial Court framed seven issues, which are as follows:
(3.) AFTER framing of the issues as above, the statement of witnesses on behalf of plaintiff namely PW -1 Hanuwant Singh, PW -2 B.C. Mukherji, PW -3 Dwarka Prasad and PW -4 B.B. Shah were recorded. On behalf of defendant, DW -1 N.N. Bhaskar was examined. After recording oral evidence, the learned trial Court proceeded to decide the matter and finally it was held by learned trial Court that all the rights and liabilities of the earlier company which is Bikaner Gypsum (P.) Ltd. were transferred to Rajasthan Mines and Mineral Ltd. as is evident from Ex. 2, therefore, issue No. 1 was decided in favour of the plaintiff. Learned trial Court while deciding issue No. 2 held that plaintiff has failed to establish the transaction of Rs. 4,950.13 paisa. Thus, the issue No. 2 was decided against the plaintiff. Further while deciding issue No. 3, the learned trial Court held that the plaintiff is entitled to recover a sum of Rs. 9,934.86 paisa and the said amount was due and according to issue No. 4, the learned trial Court held that the plaintiff is entitled to interest of Rs. 1,487/ - on the principal amount and Rs. 9,934.86 paisa. Issue No. 5 was also decided in favour of the plaintiff and it has been held that the commercial transaction of the plaintiff was with the defendant -company, as such, the Society was not necessary party. Issue with regard to jurisdiction was also decided in favour of the plaintiff. As such, the learned trial Court decreed the suit for a sum of Rs. 11,421.86 paisa with interest thereon @ 6% per annum.;