Mr. Gurvinder Singh Gill J.:- The appellant-plaintiff challenges judgment and decree dated 11.6.2009 passed by learned District Judge, Jalandhar whereby dismissal of his suit for recovery by Civil Judge (Junior Division), Jalandhar, has been upheld.

2. A few facts necessary to notice for disposal of this appeal are that the appellant-plaintiff claiming itself to be a registered company registered with Registrar of Companies, Punjab filed a suit for recovery of an amount of Rs. 2,70,000/- against respondent-defendant Kashmir Singh. The suit was filed through Nirmal Singh, Senior Section Officer. The appellant-plaintiff asserted therein that it was running business of hire-purchase of all types of vehicles and that an amount of Rs. 2,70,000/- had been paid by way of draft to the respondent-defendant for purchase of vehicle ‘Balwan-500’, but despite having received the said amount, the respondent-defendant failed to deliver the vehicle in question and despite having been asked to repay, he did not even repay the amount.

3. The respondent-defendant resisted the suit and filed written statement wherein all the material averments of the plaint including the averment made in para