R.A.MEHTA
K. K. ARORA and SONS – Appellant
Versus
MEGHRAJ and SONS – Respondent
( 1 ) THIS revision application by the original defendants Nos. 1 and 3 is directed against the order of conditional leave to defend on petitioners-defendants depositing jointly and severally a sum of Rs. 3 500 The summary suit was for recovery of Rs. 11 400 for the goods said to have been sold and delivered to the defendants.
( 2 ) THE defendants submitted that the allegations of the plaintiff were denied and there were triable issues and therefore unconditional leave ought to have been granted. It is submitted that prior to filing of the application for leave to defend inspection of account books bill books vouchers and delivery slips etc. was sought but the plaintiff had given simple copies of bills and no accounts were shown and this created some doubt about the genuineness of the accounts. It is also contended that the plaintiff had produced delivery slip Ex. 17/2 dated 26-6-1979 for which payment was made and no amount was due on that delivery slip. The description of goods Mill bale number pieces and meters were as shown in the suit bill No. 1512 dated 26-6-1979 and these facts created a suspicion about the alleged transaction and thus it was submitted that th
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