Paramjeet Singh Dhaliwal, J.

CM-11582-C-2015

Allowed, as prayed for, subject to all just exceptions.

CM-11583-C-2015

Allowed. For the reasons mentioned in application, delay of 32 days in refiling the appeal is condoned.

RSA No.4840-2015

This regular second appeal by the plaintiff is directed against the judgment and decree dated 20.11.2014 passed by learned Additional District Judge, Bathinda whereby appeal preferred by the defendants has been allowed while setting aside the judgment and decree dated 31.07.2013 passed by learned Addl. Civil Judge (Sr. Divn.), Bathinda and suit of the plaintiff has been dismissed.

For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiff, being sole proprietor, is running the business of Commission Agent, under the name and style of M/s Jagan Nath Hakam Chand at Bhucho Mandi. It is averred that the plaintiff also maintains regular books of account i.e. khata, rokar, bahi, bi