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1965 Supreme(Pat) 20

U.N.SINHA, R.K.CHOUDHARY, R.L.NARASIMHAM
Asho Devi – Appellant
Versus
Dukhi Sao – Respondent


Judgment

Narasimham, J.

1. This is an appeal by the plaintiff against the judgment of a single judge of this Court reversing the judgment of the third Subordinate Judge, Patna, and dismissing the plaintiffs suit for recovery of a certain sum said to have been due to her from the defendant in full payment of the price of goods (grains) supplied together with interest and other charges The defendants plea was one of complete denial of the so-called purchase of grains from the plaintiff There was no documentary evidence, such as voucher signed by the defendant, to prove the plaintiffs claim and the plaintiff relied solely on. the oral evidence of her brother. P. W. 2. corroborated by the evidence of two other witnesses, namely, P. Ws. 1 and 3 The trial court was inclined to believe these witnesses, but the learned single Judge on appeal held that the plaintiffs version was highly improbable specially in view of the serious discrepancies in the evidence of the witnesses and the absence of any documentary evidence in support of the supply of grains by the plaintiff to the defendant. He was also inclined to accept the defendants claim that there was a transaction of sale between the parti























































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