J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular Second Appeal under Section 100 read with Order XLII of CPC has been preferred against the Judgment dated 31.01.2019, whereby the learned ADJ has upheld the Judgment of the Learned Civil Judge, rejecting the Suit of the Plaintiff, under Order VII Rule 11 CPC and under Order XXIII Rule 1 CPC.

2. The Plaintiff, Mr. Naveen Gupta, had instituted a Civil Suit No. CS SCJ 49/2016 (25888/16) for seeking recovery of a sum of ₹2,54,348/-.

3. The facts, as stated in the Plaint, are that the Plaintiff was an authorised distributor of ACDelco Automobile batteries. The Defendant, who was engaged in the business of sale of batteries, had purchased ACDelco batteries of various specifications, from the Plaintiff on different dates between 30.05.2011 and 21.11.2011, subject to the manufacturer's guarantee and warranty terms.

4. The Plaintiff asserted that the goods were supplied to the complete satisfaction of the Defendant and that an amount of ₹1,67,334/- remained outstanding and payable by the Defendant. Despite repeated demands, the Defendant failed to discharge the said liability.

5. Consequently, the Plaintiff instituted the aforesaid Suit se