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2001 Supreme(Mad) 927

K.SAMPATH
V. V. Textiles – Appellant
Versus
Mahavir Fabrics – Respondent


Advocates Appeared:
Mr.S.Krishnasamy, Advocate for Appellant.
Ms. Mala, Amicus curiae, Advocate for Respondent.

Judgment :

1. The defendant in O.S.No.111 of 1982 on the file of the Principal Subordinate Judge, Pondicherry, is the appellant in the second appeal.

2. Thesuit was filed by the respondent herein represented by its partner for recovery of Rs.6,419.96 being the balance amount due by the defendant/appellant towards credit purchase of cloth, subsequent interest and costs. The case of the plaintiff was that the defendant purchased textile goods between 7.5.1981 and 21.8.1981 for a total value of Rs. 18,208.96 on credit, that they were credit sales and it was agreed between the parties that the defendant had to pay interest at 18% per annum if the credit bill was not discharged within 30 days from the date of purchase, that the defendant had paid Rs. 11,789 on various dates towards the purchases, but, failed to pay the balance amount of Rs.6,419.96 after 8.12.1981, that a lawyer's notice was issued and the suit came to be filed.

3. The defendant filed a written statement contending inter alia that his father was the sole proprietor of the defendant/firm, that his father died in April 1981 leaving him at a very young age, his mother and six other members in the family, that the defendant








































































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