SWATANTER KUMAR, J.

( 1 ) THIS appeal under Section 96 CPC is directed against the judgment and decree dated 9th August, 2005 passed by learned Additional District Judge, Delhi in Suit No. 38/2005.

( 2 ) THE plaintiff had filed a suit for recovery of Rs. 5,95,500/- against the defendant on the plea that it had sold 300 bags of Mustard stock weighing about 265. 95 Quintal at the rate of Rs. 1932/- per Quintal totalling to Rs. 5,34,463/- to Anand Kumar Jhanwar of Beldanga, District Murshidabad, West Bengal. The sale was effected through bill No. 204 dated 21. 10. 2004 The said goods were transported through G. R. No. 4632 dated 21. 10. 2004 The defendant was paid a sum of Rs. 23,000/- towards advance for cartage of the goods from Delhi to Beldanga, district Murshidabad, West Bengal. Balance cartage amounting to Rs. 10,343/- was payable to the defendant by purchaser/consignee at the time of delivery of the goods. The goods could not be delivered at the destination as the truck and driver were not traceable. The owner of the truck is alleged to have lodged a complaint in this regard on 4th November, 2004 The plaintiff also filed complaints dated 6th November, 2004, 26th November and 6t

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