Case Note & Summary
The plaintiff, Publicity Printers, a registered partnership firm engaged in printing business, filed a suit against the defendant, Chedda Photo Offset, for recovery of Rs.55,453/- along with future interest at 18% per annum on Rs.34,983/- from the date of suit till realization. The plaintiff's case was that the defendant entrusted printing jobs on materials supplied by the defendant, and after completing the jobs, the plaintiff forwarded invoices totaling Rs.34,983/- to the defendant. Despite a letter dated 30-4-1982 and a legal notice dated 22-10-1984, the defendant failed to pay the dues. The suit was filed in 1985. Unconditional leave to defend was granted to the defendant, but the defendant did not file a written statement. The suit proceeded ex-parte. The plaintiff's partner, Mr. Pyarali Hirjee Hamid, filed an affidavit of evidence and produced original bills. The court examined the evidence and found that the plaintiff had proved its case. The court decreed the suit in favor of the plaintiff for Rs.34,983/- with interest at 6% per annum from the date of suit till realization, and dismissed the claim for the balance amount of Rs.20,470/- and interest at 18% per annum.
Headnote
A) Civil Procedure - Recovery of Money - Suit for Recovery - Plaintiff's Entitlement - Plaintiff, a registered partnership firm, filed suit for recovery of Rs.34,983/- for printing jobs done for defendant - Defendant failed to file written statement despite unconditional leave - Court held that plaintiff proved its case through affidavit and original bills, and was entitled to decree with interest at 6% p.a. from date of suit till realization (Paras 1-5).
Issue of Consideration
Whether the plaintiff is entitled to recover the amount of Rs.34,983/- with interest from the defendant for printing jobs done.
Final Decision
The suit is decreed in favor of the plaintiff for Rs.34,983/- with interest at 6% per annum from the date of suit till realization. The claim for the balance amount of Rs.20,470/- and interest at 18% per annum is dismissed.
Law Points
- Recovery of money
- suit for recovery
- ex-parte decree
- interest on principal amount
- burden of proof on plaintiff
- failure to file written statement
