Swatanter Kumar, J.

1. The present appeal under Section 96 r/w Order 41 Rule 2 of the Code of Civil Procedure 1908 (hereinafter referred to as the Code) is directed against the judgment and- decree dated 29th October, 2003. M/s, Lucas Indian Services, the plaintiff, filed a suit for the recovery of Rs. 3,61,186.74/alongwith interest. The suit was filed by the plaintiff for recovery of money for the goods supplied. This suit was contested by the defendant who had raised certain preliminary objections as well as had contested the claim on merits.

2. The defendants not only disputed the liability but even gave detailed facts in regard to the payments made to the plaintiff in Paragraph 18 to 22 of the written statement. The defendants claimed that they were entitle to receive Rs. 40,000/- from the plaintiff for the goods which they had returned and this according to them had been accepted by the plaintiff in response to the letter dated 12th July, 1999 and 29th June, 2000. In other words, serious controversies had been raised relatable to various documents and the case was at the stage of admission and denial of documents and even issues had not been framed in the suit.

3. In the written

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