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1996 Supreme(HP) 17

R.L.KHURANA
THE KANGRA DISTRICT WHOLE SALE CO-OPERATIVE SUPPLIES AND MARKETING SOCIETY LIMITED – Appellant
Versus
BUTA MAL SOHAN LAL – Respondent


Advocates Appeared:
For the appellant :Bhupender Gupta, Advocate. For the respondent:K. D. Sood with B. K. Sood, Advocates.

JUDGMENT

R. L. Khurana, J.-This appeal has been directed by the plaintiff against the judgment and decree dated 14-8-1989 of the Additional District Judge (1) Kangra, at Dharamshala whereby the judgment and decree dated 25 11-1985 of the Senior Sub-Judge, Kangra at Dharamshala was set aside and the suit of the plaintiff was dismissed.

2. The plaintiff is a Co-operative Society. It filed a suit for recovery of Rs. 3,912 (Rs. 3,497 on account of principal and Rs. 385 on account of interest from November, 1980 to August 31, 1982 at the rate of 6% per annum and Rs. 30 on account of notice charges) According to the plaintiff, the defendant purchased ghee on credit. The plaintiff is maintaining regular account in which all the payments made by the defendant from time to time are being entered In the month of June 1978, a sum of Rs. 3,597 was due from the defendant, A notice dated 25-12-1978 was served upon the defendant calling upon him to make the payment of outstanding amount. The defendant in November 198u paid a sum of Rs 100 thereby leaving a balance of Rs. 3,497. The said amount has not been paid by the defendant inspite of repeated demands and registered notice. The plaintiff is ent





















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