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2010 Supreme(Del) 559

KAILASH GAMBHIR
Pragati Paper Mill Ltd. – Appellant
Versus
British Motor Car Co. Ltd. – Respondent


Advocates appeared:
Mr. Pramod Kr. Sharma,Advocate
Mr. Aadesh Ganesh, Advocate

JUDGMENT

KAILASH GAMBHIR, J.

1. By this appeal filed under section 96 of Civil Procedure Code, 1908 the appellant seeks to challenge the judgment and decree dated 22.09.2003 passed by the Ld. Additional District Judge whereby the suit for recovery of Rs.15,65,999/-filed by the appellant was dismissed.

2. Brief facts relevant for deciding the present appeal are that the appellant purchased a car “Opel Astra” of registration no. DL 8C F 3535 from the respondent no.1 on 18.9.99 for a sum of Rs. 7, 55,000/-after availing a discount of Rs. 1, 59,875/-. The said car was initially sold by the respondents to one Ms. Rewa but was surrendered by her as the cheque issued by her towards the sale price of the car got dishonoured. However, the registration of the said car at the time it was purchased by the appellant was in the name of Ms. Rewa but after the said car was purchased by the appellant all papers regarding the transfer of the registration including form no.29 and 30 signed by Ms. Rewa were handed over to the appellant by the respondents. However till after two and a half years of the said purchase the appellant did not get the registration of the car transferred in his name, and there




























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