S N SHARMA Vs. RAJIV SHIVLAL SHARMA

JUDGEMENT

(1.) The present appeals have been filed by the appellant original plaintiff under sec. 96 read with Order 41 of the Civil Procedure Code being aggrieved by the judgment and order passed by the City Civil Court, Ahmedabad, in Summary Civil Suits Nos. 3220 of 2000 and 3128 of 2000 dated 11.11.2009 on the grounds set out in the memo of appeals, inter alia, that the learned Judge has erred in not relying upon the documents produced and has failed to appreciate the material and evidence on record. It is also contended that the court below has erred in not giving exhibits to the documents produced including the agreement and has erred in holding that there was no contract of supervision between the appellant and the respondent.

(2.) Heard learned advocate Mr. Vivek Mapara for the appellant original plaintiff and learned advocate Mr. Tejas Satta for the respondent original defendant.

(3.) Learned advocate Mr. Mapara referred to the papers and the R&P in support of his submission and he has particularly referred to the deposition of the plaintiff Exh. 37 as well as exhs. 49 & 50 where the witnesses are examined. Learned advocate Mr. Mapara referred to the deposition of the plaintiff at Exh. 37 and referring to the same he has stated that the agreement has been admitted and therefore considering the material and evidence on record there is no dispute that the work of supervision was given to the appellant for which the amount was due and payable. He submitted that the court below has failed to appreciate this aspect. He has also referred to Exh. 45 which is filed in Summary Suit No. 3128 of 2000 with regard to the loan transaction and submitted in detail that the transaction has been established by the fact that cheque has been given.