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2002 Supreme(MP) 1023

S.SAMVATSAR
MAHAVIR PRASAD – Appellant
Versus
VASUDEVA PRASHAD – Respondent


Advocates Appeared:
K.M.Mishra, N.K.JAIN

S. SAMVATSAR, J.

( 1 ) THIS appeal is filed by the defendant challenging the judgment and decree dated 29. 1. 1994, passed by Second additional District Judge, Morena Camp sabalgarh in Civil Suit No. 12b/89, whereby the Court below has passed a decree for payment of Rs. 19,884/- with interest at the rate of 6% per annum and the costs.

( 2 ) THE facts of the case are that the plaintiff/respondent no. 1 filed a suit for recovery of an amount of Rs. 26,999. 85 p. alleging that the plaintiff had supplied goods (grains)amounting to Rs. 19,884. 50 p. on credit on 9/3/1985 vide bill (Ex. P/l), Ex. P/2 is the entry in the stock register, Ex. P/3 is a copy of the cash-book and Ex. P/4 is a copy of the account. According to the defendant, hence, he filed the present suit after serving a notice (Ex. P/5 ). Ex. P/7 is a copy of the acknowledgement.

( 3 ) THE defendant in his written statement denied the said transaction in toto.

( 4 ) THE trial Court relying on the copies of the account-books (Ex. P/2 to P/4) has passed a decree against the defendant holding that the said account-books were kept in the regular course of business and hence, the transaction is proved. The Court below, therefore,












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