ORDER

This appeal has been filed by the appellant being aggrieved by the judgment and decree dated 31.07.2019 passed by Additional District Judge, Neemuch in civil appeal No.33/2018 arising out of judgment and decree passed by Civil Judge Class-II District Neemuch in civil suit No.20-B/2017 by which the judgment and decree of dismissal of the suit was reversed and the suit of the respondent/plaintiff was decreed and the appellant/defendant was directed to pay Rs.34,000/- with simple interest at the rate of 6% from 21.07.2016 to 17.12.2016.

2. For the convenience the appellant shall be addressed as defendant and respondent as plaintiff in this appeal.

3. The plaint before the trial Court in nutshell was that the plaintiff is engaged in the business of selling medicines and is running a medical store in the name of Shri Ashok Medical Store at the premises of Vimal Nursing Home, Shastri Nagar, Neemuch(M.P). The defendant is resident of Ratangarh, Tehsil- Singoli, District Neemuch and is known to plaintiff. On 21.07.2016 the defendant suffered a heart problem and was admitted by his relatives at the Vimal Nursing Home, Neemuch and was treated by Dr. Siddhvardhan Chouradiya. The Dr. Chouradiya prescribed the medicine and injections that was purchased on credit from the plaintiff store amounting to Rs. 33,859/- and it was assured that the amount will be paid soon.

4. After the treatment the defendant left the hospital and have not paid the bill amount demand was made but the amount was not paid hence, a legal notice (Ex. P-2) was sent by plaintiff to the respondent that was served on him through his son by acknowledgment (Ex. P-4). But the defendant has not paid the money so recovery suit was filed in the Court of Civil Judge Junior Division, Neemuch that was registered as civil suit No.20-B/2018 on 14.12.2016.

5. The defendant in his reply has denied that the fact that the plaintiff was known to him and he suffered any heart ailment. On 21.07.2016 he has specifically denied that he was admitted at Vimal Nursing Home and got treatment he has also denied the fact that he has purchased medicines of Rs.33,859/- on credit and denying all the plaint averment and requested that suit be dismissed.

6. The trial Court on the basis of the pleadings framed the issues and recorded the evidence of the parties and after hearing passed the judgment on 06.04.2018 wherein the suit filed by the plaintiff was dismissed.

7. Being aggrieved with the judgment the plaintiff has filed a first appeal in the Court of Third Additional District Judge, Neemuch and as per the transfer the matter was placed in the Court of First Additional District Judge, Neemuch. The trial Court after hearing the parties decreed the suit filed by the plaintiff being aggrieved by that the respondent/defendant has filed this second appeal.

With the consent of the parties the matter was heard at motion stage.

8. Learned counsel for the appellant/defendant has argued that the appellate Court has not appreciated the law and evidence in the proper and correct perspective. Appellate Court erred in relying the evidence Ex.P-2 to P-8 which was self generated bills and does not bear the seal and signature of anyone and particularly not of the appellant/defendant and his family members. The trial Court has ignored the fact the witness Mahendra Kumar Dave PW-1, Dr.

Chouradiya PW-2, Mukesh Patidar PW-3 and Manohar Gujarti PW- 4 interested witnesses and the medical store run by the plaintiff which is originally of Dr. Chouradiya and has been run by the plaintiff on rental or contract basis. The appellate Court has not relied the judgments of these interested witnesses. Dr. Parmar who referred the matter to Vimal Nursing Home was not called for examination.

9. Further argued that the appellate Court has erred of not properly believing the fact that the burden was on plaintiff to prove the fact of giving medicines on credit and that was not