Ashok Arora vs Dr. Nitin Misra & Ors on 18 July, 2018


To be referred to the Reporter or not?


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

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