Himachal Pradesh High Court: Tarlok Singh Chauhan, J., allowed an appeal against the judgment of the first appellate court.
The plaintiff had filed a suit for recovery of Rs 1,63,520 from the defendant being the price of fuel wood with interest at the rate of 12% per annum. The defendant had failed to pay the price of wood by the due date and hence, the suit was filed by the plaintiff in the trial court. The defendant whereas while denying the allegations stated that the plaintiff had not approached the court with clean hands. The trial court had dismissed the suit constraining the plaintiff to file an appeal before the first appellate Court. The first appellate Court reversed the findings of the trial Court that too on surmises and conjectures. The first appellate Court proceeded to question the execution of the subsequent receipt Ex. R-1 itself. The plaintiff while filing replication did not deny the execution of the receipt Ex. R-1 and the only defence put up by him was that he had not received Rs 14,451 subsequent to the agreement. It would be evident from a perusal of the receipt that it had been specifically stated therein that the plaintiff had nothing to recover from the defendant of the previous year.
The Court while allowing the appeal explained that the first appellate Court had failed to appreciate documents Ex. A-1 and Ex. R-1 in their right perspective. [Satish Kumar v. Mahant Ram, 2019 SCC OnLine HP 1952, decided on 18-11-2019]
