JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and order dated 27.1.2022 passed by the learned Principal District Judge, Surendranagar in Regular Civil Appeal No.12 of 2019 under Section 96 of the Civil Procedure Code, the appellant has filed present Appeal.

2. Heard learned Counsels appearing for the respective parties and perused the record and the impugned judgment and order of the lower Court.

3. From the record it appears that the appeal is decided ex-parte in absence of the learned Counsel appearing for the present appellant before the First Appellate Court and only on that ground the learned Appellate Court has decided the appeal.

4. At this stage, it is appropriate to take into account the issues framed by the learned Trial Court which read as under:

(1) whether the plnt. proves that the deft. on behalf of the firm, has purchased the goods on credit from the peti. during the period of dt. 13-5-98 to 6-8-98?

(2) whether the plnt. proves that an amount of Rs.4,55,86.17 P. are remained due and outstanding from the deft.?

(3) whether the peti.is entitled for interest ? If yes, then at what rate?

(4) whether the peti. is entitled for recovery of Rs.6,24,000/- from the