K.SAMPATH
V. V. Textiles – Appellant
Versus
Mahavir Fabrics – Respondent
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
1999 (III) MLJ 51 (9,23,37) AIR 1972 Mad. 86 (11,14,35
1989 (2) LW 418 (20) AIR 1960 Ori. 119 (9,18
AIR 1988 SC233 (30) AIR 1949 Nag. 25 (37)
1996 (10) SCC 88 (17) AIR 1971 SC 2213 (32)
1991 TNLJ 27 (21) 1969 (2) MLJ 602 (34
1991 (I) MLJ 421 (22) AIR 1964 SC 1300 (32)
AIR 1989 SC 1769 (19) AIR 1959 SC 689 (28
AIR 1979 SC621 (29) AIR 1942 Mad. 634 (11,13
AIR 1975 SC 2065 (32) AIR 1925 PC 83 (18,36
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