RANJIT SINGH SARKARIA
Punjab Rajasthan Timber Trading Company – Appellant
Versus
Wearwell Cycle Co. (India) Ltd. – Respondent
Ranjit Singh Sarkaria, J.
1. This revision-petition is directed against an order, dated 30th August, 1968, of the learned Subordinate Judge, First Class, Jagadhari, by which he dismissed the plaintiffs application for amendment of the plaint. It arises out of the following facts.
2. The plaintiff-firm, Messrs The Punjab Rajasthan Timber Trading Company, Yamunanagar, instituted a suit for the recovery of Rs. 29,209.88 (including Rs. 18,046.98 as principal and Rs. 11,162.90 as interest), alleging that the plaintiff-firm has been supplying timber and packing cases for the period 25th November, 1960 to 21st November, 1963, to the defendant (The Wearwell Co. (India) Ltd., New Delhi) with effect from 25th November, 1960. There was thus a single continuous transaction. A current account was opened and whatever supplies were made by the plaintiff were debited to the account of the defendant and whatever payments were made by the defendants were credited to the same account. A sum of Rs. 18,046.98 fell due from the defendant, which amount is claimed with interest at the rate of 12 per cent per annum. It was further pleaded that the defendant had made part-payments by cheque on 27th
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.