DEEPAK MAHESHWARI,J. - (1.) This appeal has been preferred by the defendant appellant against the judgment and decree dated 06.08.1996 passed by learned Add. District and Sessions Judge No.3, Jaipur City, Jaipur in civil suit No.88/91 whereby the learned trial Court decreed the suit filed by the plaintiff respondent for a sum of Rs.1,20,409.16 along with interest amount @ 18% per annum from the date of filing of the suit till realization of the amount.
(2.) Briefly stating the relevant facts are that plaintiff filed a suit stating that the defendant firm was supplied some wooden articles by the plaintiff company in regular course of business through challans Ex.1 to Ex.8. Bills of the cost of goods were also issued, which are Ex.9 to Ex.21. Debit notes Ex.22 and Ex.23 were obtained from the defendant. Balance confirmation letter Ex.24 was also signed by the partner of the defendant firm but the amount for the goods purchased was not paid. Hence, the suit was filed for a sum of Rs.1,15,224.08 claiming interest @ 18% per annum thereupon.
(3.) Defendant has denied any such delivery of items and also denied to have received above mentioned documents stated to have been issued by the plaintiff. Confirmation letter Ex.24 was also specifically denied. It has also been alleged that the legal status of the plaintiff has not been specifically stated as to whether it is a company or partnership firm. This plea has also been taken that the Manager of plaintiff firm S. Maheshwari is not an authorised person to file suit on behalf of the plaintiff.;