Sandeep Sharma,J. - (1.)Instant Regular Second Appeal filed under Sec. 100 of the Code of Civil procedure, is directed against the judgment and decree dated 7.7.2005, passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr, H.P, in Civil Appeal No.56 of 2004, affirming the judgment and decree dated 18.6.2004, passed by learned Civil Judge(Senior Division), Kinnaur camp at Rampur Bushahr, H.P., in Civil Suit No. 40-1 of 1993/1994, whereby suit for recovery filed by the respondent-plaintiff was decreed and counter claim of the appellant-defendant was dismissed.
(2.)The brief facts of the case are that the respondent-plaintiff (hereinafter referred to as the 'plaintiff') filed a suit for recovery of Rs. 10,512.94 paise against the present appellant-defendant(hereinafter referred to as the 'defendant'), which is a body corporate limited having its principal office at Shimla and Branch at Jarol Tikker and carrying the business of grading and packing the apple and thereafter sending the same to the commission Agents.
(3.)In nutshell, the case of the plaintiff is that the plaintiff is carrying on the business of grading and packing of apple and sending the same to the commission Agents. The defendant had asked the plaintiff to grade and pack his apples and send the same to sale agents M/s H.K.T, Chandigarh. Accordingly, the plaintiff sent the consignment of 204 apples cases to M/s H.K.T, Chandigarh on 11.10.1990 and on account of this services rendered by the defendant to the plaintiff, an amount of Rs. 6,750.30 P. was due. The plaintiff has averred that the defendant was repeatedly asked to make the payment of aforesaid amount, but no heed was paid to the request of the plaintiff, rather defendant refused to pay the same. Since, defendant failed to make the payment in terms of the request having been made by the plaintiff, plaintiff got issued legal notice to the defendant advising him to make the payment in question. Since, the defendant failed to deposit the amount in terms of the notice having been issued by the plaintiff, plaintiff was compelled to file the suit for recovery of Rs. 10,512.94 paise. i.e. Rs. 6,750.30 paise. as principal amount and Rs. 3,762.64 paise. as interest w.e.f.11.10.1990 to 7.8.1993.