Babulal v. Bhura Ram & Anr.

BY THE COURT:

1. None is present on behalf of appellant/plaintiff. Heard learned counsel for the respondents/defendants.

2. This first appeal has been filed by the appellant/plaintiff feeing aggrieved by the judgment and decree dated 31.01.1991 passed by learned District Judge, Sirohi, in Civil Original Suit No. 7/1985-Babulal v. Bhura Ram, whereby the suit filed by the appellant/plaintiff for recovery of Rs. 29000/- as principal amount and Rs. 7530/- as interest thereon, was dismissed.

3. The parties were engaged in the business of sale of liquor and the money claimed was on account of alleged ‘Rukka’, which was executed during the course of business of the defendant in favour of plaintiff for a claim of Rs. 29000/-. Nobody has appeared on behalf of appellant/plaintiff.

4. Learned counsel for the respondents/defendants submitted that in the examination of the plaintiff himself, he has miserably failed to state before the court as to on what account the money was lying due. In the absence of any cogent and convincing evidence adduced by the plaintiff including any documentary evidence, the money recovery suit has rightly been rejected by the learned court below.

5. Having heard the learned counsel for the respondents/defendants, and upon perusal of the reasons and findings given by the learned court below, this Court finds that the findings returned by the learned trial court are in consonance with the evidence on record and there is no controverting material to upset these findings by this Court in the present first appeal refusing to grant the money decree.

6. Accordingly, the present first appeal of the plaintiff/appellant is found to be devoid of any force and the same is hereby dismissed. No costs. A copy of this order be sent to the concerned parties forthwith.