The court applied Section 34 of the Code of Civil Procedure to modify the rate of interest, exercising its discretionary powers.

JUDGMENT :

1. By way of this civil first appeal filed under Section 96 of the CPC, the appellant-defendant has assailed the decree for recovery of money of Rs.15,998/- and interest thereupon Rs.1,723.80/-, totaling Rs.17,721.80, passed in favour of respondent-plaintiff vide judgment dated 12.11.1991 in Civil Suit No.451/1989 by the District Judge, Jaipur City, Jaipur.

2. Relevant facts of the case in brief as culled out from the record, are that the respondent-plaintiff instituted a civil suit for recovery of Rs.15,998/- and interest thereupon Rs.1,723.80/-, totaling Rs.17,721.80, alleging inter alia that plaintiff is manufacturer and vendor of the wax candles and does business in the name of Rajasthan Vex Products Industries. Defendant is proprietor of M/s Johri Lal Shyam Lal and used to purchase wax candles from the plaintiff on credit and cash. Before the occasion of Deepawali festival defendant placed an order to purchase 5501 Kg wax candles and in pursuance thereof, plaintiff sold/supplied wax candles of Rs.2,600/-vide bill No.1550 dated 10.10.1988, Rs.3,960/-vide bill No.1558 dated 11.10.1988 and Rs.9,438 vide bill No.1561 dated 14.10.1988. The defendant was required to pay the cost of purchased wax candles totaling Rs.15,998/-within a period of one week, however, he did not make payment even after Deepawali, despite demands. Thereafter plaintiff served one legal notice dated 25.01.1989, to which defendant replied and contended that he has not purchased any wax candles and declined to owe, Rs.15,998/-towards plaintiff. Therefore, plaintiff instituted the present civil suit for recovery of cost of wax candles weighing 5501 Kg amounting to Rs.15,998/-and interest thereupon @19% per annum as indicated on bills. The present civil suit for recovery of due amount of bills dated 10.10.1988, 11.10.1988 and 14.10.1988 was instituted on 15.05.1989.

3. Defendant submitted written statement, wherein he did not dispute the fact that plaintiff indulged in the business of manufacturing and selling of wax items as also admitted that he himself too carried out the business in the name of M/s. Johri Lal Shyam Lal. Defendant categorically denied to purchase wax candles from the plaintiff and contended that indent and receipts bills in the name of defendant, have been prepared forgedly. Defendant accepted to receive notice from the plaintiff and contended to reply the notice by him. On such defence, prayed to dismiss the suit for recovery of cost of wax candles.

4. Learned trial court, on the basis of rival pleadings settled six issues including the issue of relief, as under:-

“Whether plaintiff is proprietor of Rajasthan Vex Products Industries? Whether defendant is proprietor of M/s Johri Lal Shyam Lal? Whether defendant placed order through indent to purchase 5501 Kg wax candles from plaintiff? Issue No.4 is in respect of purchasing of wax candles by the defendant from the plaintiff on 11.10.1988, 14.10.1988 and 10.10.1988 for Rs.3,960 + Rs.9,438 + Rs.2,600? Issue No.5 is whether plaintiff is entitled to recover the cost of wax candles Rs.15,998/-and interest @19% per annum thereupon? Issue No.6 is in respect of the relief.”

5. In evidence, from the side of plaintiff, Banwari Lal, who is son of plaintiff and manage the business at plaintiff’s firm appeared as PW-1, Mohan Lal who delivered goods at the shop of defendant appeared as PW-2 and the plaintiff Smt. Pancham Katta herself appeared as PW-3.

5.1 Document of indent, through which defendant placed order to purchase the wax candles was produced as Ex.1, carbon copy of two receipts dated 10.10.1988 and 14.10.1988 through which the goods were supplied to defendant and were received by defendant’s son Vishnu were exhibited as Ex.2 and Ex.3. Carbon copy of three bills, Ex.4 dated 10.10.1988 for Rs.2,600/-, Ex.5 dated 11.10.1988 for Rs.3,960/-and Ex.6 dated 14.10.1988 for Rs.9,438/-were also produced. Carbon copy of notice and reply notice of defendant were exhibited as Ex.7 and Ex/8.

5.2 In rebu