HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit
impugning the judgment of the Trial Court dated 24.8.2016 whereby
trial court has dismissed the suit as barred by limitation.
2. The facts of the case are that the appellant/plaintiff
claimed that he supplied/sold a Light B Laser Machine to the
respondents/defendants. This machine was sold to the
respondents/defendants as per the invoice dated 26.8.2005. The
machine was installed at the place of the respondents/defendants at
RFA No.367/2017 Page 1 of 5
Pathankot on 27.1.2006. The appellant/plaintiff claims that invoice
was of Rs.14,30,000/- of which only an amount of Rs.9 lacs was paid
and therefore for the balance amount of Rs.5.30 lacs with interest the
subject suit for recovery of Rs.18,45,000/- was filed. Interest is
claimed in the suit at 11% from 27.1.2007. Part of the suit amount
claimed, being a sum of Rs. 12 lacs, is the claim of the cost of a stand-
by machine supplied.
Source: Indian Kanoon