ORDER

1. This civil first appeal under Section 96 CPC has been filed by the appellants-defendants (for short, 'the defendants) against the judgment and decree dt.5.3.2003 passed by Additional District Judge No.6 Jaipur City, Jaipur in Civil Suit No.10/1996 titled as M/s. Moti Lal Shanker vs. M/s. Banshidhar Satya Narain and anr. whereby respondent-plaintiff's (for short, 'the plaintiff') the plaintiff suit for recovery of money has been decreed and counter claim of the defendants has been dismissed.

2. Plaintiff instituted a suit against the defendants in the Court of District Judge, Jaipur City, Jaipur on 13.5.1996 for recovery of Rs.2,60,375.58 with interest @ 2.5% per mensem w.e.f. 13.3.1993. Plaintiff averred in suit that Manju S. Chitlangia is the sole proprietor of the plaintiff firm. Defendant No.1 is a partnership firm and defendant No.2 is a partner of the firm. On 13.3.93 twice the defendants borrowed sugar bags from the plaintiff under bill valued Rs.1,31,231.76/- and Rs.1,29,183.82/-. Goods along with bill were sent to the defendants but the defendants did not pay the amount. In lieu of total outstanding amount of Rs.2,60,375.58, the defendants gave cheque of Rs.50,000/-