1994 Supreme(Raj) 634
N.C.KOCHHAR
Dhanraj – Appellant
Versus
M/s. Ganesh and Co. – Respondent
JUDGMENT
1. - The facts giving rise to this appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 6th December, 1985, passed by the learned Additional District Judge, Beawar, in Civil Suit No. 57/85 (66/85), are as under :
2. On 22nd May, 1982, the plaintiff-respondent had filed a suit for recovery of Rs. 12,709/- against the defendant-appellant, with the allegations that the plaintiff-firm who had sued through its partner Mahaveer Chand, was registered under the Partnership Act and was carrying on business of selling cloth and that the defendant-appellant used to buy cloth on credit from the plaintiff-firm and that during the period from 4th November, 1977 to 4th October, 1979, the defendant had purchased goods worth Rs. 12,928.74 vide the bills dated 7th November, 1977, 22nd November, 1977, 19th April, 1978, 27th July, 1978 and 8th October, 1979 and that part payments of the amount had also been made by the defendant during the said period. It was further alleged that according to the agreement between the parties, the defendant was liable to pay to the plaintiff interest at the rate of 1.5 per cent per month on the amount remaining unpaid an
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