JUDGMENT

Valmiki J. Mehta, J. (Oral)--This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the judgment of the Trial Court dated 12.04.2004 by which the trial court has dismissed the suit for recovery of Rs.10,25,728.27 along-with interest filed by the appellant/plaintiff/Union of India against the respondent/defendant/partnership firm being the balance due on account of lottery tickets supplied by the appellants/plaintiffs to the respondent/defendant. The Trial Court has dismissed the suit on the sole ground that the documents filed by the appellants/plaintiffs were not proved on record. At this stage itself, this court would like to take note of the fact that the respondent/defendant was moved against ex-parte in the suit as it did not appear after service.

2. The facts of the case are that the respondent/defendant/partnership firm was appointed by the appellants/plaintiffs as a Stockist for the sale of the lottery tickets for various lottery schemes of the appellants/plaintiffs. That pending the execution of a written agreement between the parties, and in view of the oral agreement of July 1991,