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2015 Supreme(Del) 2365

MANMOHAN SINGH
HINDUSTAN PLYWOOD COMPANY – Appellant
Versus
RISHI AHUJA – Respondent


Advocates Appeared:
Mr. S.S. Saluja, Adv.
Defendant is ex parte.

JUDGMENT :

MANMOHAN SINGH, J.

1. The present suit has been filed by the plaintiff under Order XXXVII CPC for recovery of a sum of Rs.29,68,254/- along with pendente lite and future interest against the defendant.

2. The defendant did not appear despite of service. No appearance was filed by the defendant on 28th January, 2015 and hence, the defendant was proceeded ex parte. Ex parte evidence by way of affidavit of Rajiv Sapra as Ex.PW1/A has been adduced in view of order passed on 28th January, 2015.

3. It is stated in the plaint that the plaintiff is a partnership firm registered under the Indian Partnership Act with Registrar of Firms and Shri K.K. Sapra S/o Late Shri Daulat Ram Sapra is one of the partners of the plaintiff.

4. The defendant is a sole proprietor of M/s. Silver Mark Interiors who had purchased on credit various products from the plaintiff as mentioned in the bills from 26th February, 2010 to 20th May, 2010 from its Paharganj Shop, New Delhi.

5. The details of which are exhibited and are as under :

S.No.

Bill No.

Date

Amount

 

1.

TI-998

26.0












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