Sunil Kumar Garg, J.-This is a first appeal filed by the appellant-defendant against the Judgment and decree dated 31-3-1983 passed by the learned District Judge, Udaipur by which he decreed the suit of the plaintiff-respondent for Rs. 11,900.50 along with interest and litigation expenses etc. against the defendant-appellant on the basis of agreement Ex. 3 dated 27-11-1976.

2. The first appeal arises in the following circumstances:-The plaintiff-respondent filed a suit on 11-8-1978 against the defendant-appellant for Rs. 12,418/-stating that plaintiff-respondent firm is a registered firm; the Registration Certificate is Ex. 2. The defendant-appellant deals in the business of Kirana and Clothes. There was a Truck RJQ 2587 (hereinafter referred to as ‘the Truck’) registered in the name of Nazarali and Sobhalal and this Truck was financed by the plaintiff-respondent firm and the defendant-appellant wanted to purchase that Truck in the name of his minor son Ramesh Chandra, but on that Truck, Rs. 10,348/-of plaintiff-respondent firm were due against Nazarali and Sobhalal therefore, defendant-appellant was ready to make that payment of Rs. 10,348/-which was due in favour of th