M/S. GARMENT HOUSE AND ORS. v. SH. BHIM SAIN AND ANR.

1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + RSA No.163/2013 and C.M. No.12570/2013 (stay)

2. This Regular Second Appeal impugns the concurrent judgments and decrees of the courts below; of the trial court dated 1.5.2012 and the first appellate court dated 17.5.2013; by which the suit of the 2014:DHC:744 RSA No.163/2013 respondents/plaintiffs for recovery of money for goods supplied was decreed.

3. Before the courts below, the respondents/plaintiffs proved on record the visiting cards issued by the appellants as Ex.PW1/47 to Ex.PW1/79 and which contain the signatures of the appellants showing receipt of the goods. The corresponding invoices with respect thereto issued by the respondents/plaintiffs are Ex.PW1/2 to Ex.PW1/25. The appellant no.3 in his cross-examination admitted that appellants maintained books of accounts but they did not file copies of their books of accounts. It is therefore clear that the suit has been rightly decreed for recovery of amounts for sale of goods/garments.

4. In view of the above, no substantial question of law arises for this appeal to be entertained under Section 100 CPC. Appeal is therefore dismissed, leaving the parties to bear their own costs.

FEBRUARY 07, 2014 VALMIKI J. MEHTA, J. Ne