GOYAL KRISHI YANTRALIYA; VIJAY KUMAR GOYAL Vs. BAGRECHA ENGINEERING CORPORATION

JUDGEMENT

(1.) This appeal has been preferred by the defendantappellants against the judgment and decree dated 12/02/1997 passed by the Additional District and Sessions Judge No. 5, Jaipur City, Jaipur in Civil Suit No. 300/1985, whereby the learned trial Court has decreed the suit of plaintiff-respondent against the defendant-appellants for Rs.6352/- with cost and interest.

(2.) The defendant-appellants submitted their written statement admitting the fact of business transactions between the parties and also the fact of due amount of Rs.25452.30/- against them upto 30/06/1982 and thereafter making payment of Rs.18100/- upto 30/06/1983. The defendants denied all other material averments of plaint and pleaded that they also returned an engine of Rs.3,950/- on 13/07/1982 through transport which was received by plaintiff, therefore, only Rs.3348/- remained due after 30/06/1983. Defendantappellants also pleaded that on 21/07/1983 an amount of Rs.1000/- was paid in cash and thereafter on 30/08/1983, a sum of Rs.2000/- was paid by demand draft and after 30/08/1983 only Rs.348/- remained due towards the defendant-appellants. It is also pleaded that plaintiff sold their engines through defendants thus, plaintiff left the due amount of Rs.348/- against the commission of said sale. Defendants denied having received the notice of plaintiff's advocate and prayed to dismiss the suit with cost.

(3.) Being aggrieved and dissatisfied with the judgment of the learned trial Court, the defendant-appellants have preferred this appeal.