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SANGEET LODHA, ARUN BHANSALI
Rodi Lal Nagda – Appellant
Versus
Kanhaiya Lal – Respondent
JUDGMENT
1. This appeal under Section 13 of the Commercial Courts Act read with Section 96 CPC is directed against judgment and decree dated 08.11.2019 passed by Commercial Court, Udaipur, whereby the suit filed by the appellant-plaintiff for recovery of a sum of Rs.5,17,286/-, has been dismissed.
2. The suit was filed by the plaintiff, inter alia, with the submissions that the plaintiff-firm was a proprietorship concern and was involved in business of sale of cattle feed; the defendant was dealing with the plaintiff-firm since 2012, he always purchased the goods on credit, for which, bills were issued and the same were entered into the account in defendant's name in the ledger maintained by the plaintiff, which contains all the details pertaining to purchases made by the defendant and the amount paid. It was claimed that the defendant made last purchase on 29.06.2015 and also paid Rs.30,000/- towards the previous out standings and on the said date, a sum of Rs.3,67,286/- was outstanding. Despite repeated reminders, the out standing were not paid and the defendant stopped purchasing goods and visiting the plaintiff-firm.
3. A notice dated 26.05.2017 was sent, which was refused. It was
Entries in business accounts are relevant but insufficient alone to establish liability; plaintiffs must provide credible evidence to support their claims.
The burden of proof lies on the party asserting a claim, and failure to provide credible evidence results in upholding the original judgment.
The absence of certification under Section 65B of the Indian Evidence Act, 1872, does not render computer-generated ledger accounts inadmissible, and the non-examination of the person who made entrie....
Failure to provide sufficient evidence of delivery and substantiate claims leads to dismissal of recovery suit.
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