1. Vide order dated 5.4.1994 the defendant was proceeded against exparte.

2. In this suit the plaintiff has claimed an amount of Rs. 2,55000 against the defendant for price of the gold allegedly sold by him to the defendant and for interest etc. on the unpaid amount. The plaintiffs case is that the defendant purchased gold ornaments from him on 27.4.1988 and on 2.8.1988. Despite promise to pay the amount and despite his having executed certain documents, the money was not paid. Various efforts by the plaintiff to recover the money from the defendant having failed, the plaintiff had no option, but to file the present suit in this court. It is also alleged that the defendant had issued two post dated cheques in the name of the plaintiff, but these cheques on being presented to the Bank were bounced.

3. The following issues were framed vide order of the court dated December 16, 1993: -

"1. Whether the defendant gave to the plaintiff some old gold ornaments and, while seeking to recover the principal amount of Rs. 1,46,009/-, the plaintiff is under an obligation to either return these old ornaments or to adjust their value in the price of gold ornaments sold by it to the defendant?. O

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