' This is a suit filed by the plaintiffs claiming therein judgment and decree against the defendant for Rs,1,17,000 with costs and interest.
600 The defendant though served has remained absent and the case has been directed to proceed against him ex parte. According to the facts pleaded in the plaint verified on oath by Sardar Ali the plaintiff, the defendants purchased from the plaintiff two consignments of 600 dozen each "Beverol Brake Oil" at the rate of Rs,130 per dozen for a total price of Rs,1,56,000 on 16th February,1977 and 17th August, 1977 respectively. Copy of Invoice dated 17th August,1977 has been produced with the plaint as Annexure "A" wherein the following particulars of sale are given:- 601 {{TABLE TEXT}} "Qt. Supplied on Desc. Rate Amount 600 Doz.
16.2.1977 Brake Oil Rs,130/- Rs,78,000 (REVERAL) per Doz.
600 Doz.
17.8.1977 -do- Rs,130/- Rs,78,000 per Doz Rs,1,56,000 ' Less Receipt. Rs, 19.000 Balance. Rs, 137.000.00"
2. The defendant issued his cross-cheque No,261902, dated 8th March,1977 for Rs,78,000 in favour of the plaintiff for payment towards first consignment of 600 dozens of the goods supplied but the same was returned dishonored. Copy of the said cheque with memo. Of objection of the bank has been produced. These documents have been produced as Annexures "B" and "C" to the plaint.
According to the averments made in the plaint the defendant regretted non-payment of the cheque and paid Rs,5,000 in cash in May, 1977, thereafter paid Rs,14,000 to the plaintiff in the last week of June,1977 and then paid Rs,20,000 in June,1978 thus making a total payment of Rs,39,000.
The defendant however failed and neglected to pay the balance amount i,e, Rs,1,17,000 which he promised to pay by June,1978. In the circumstances the plaintiff sent a legal notice by registered post A/D on 13th May, 1981 but in spite of service of the said notice no payment was made. Copies of the letter and postal acknowledgment have been produced as Annexures "E" and "D" to the plaint. This led to the filing of the present suit wherein the plaintiff has claimed the reliefs mentioned above.
3. The plaintiff has also filed affidavit in ex parte proof which fully supports the statement made in the plaint. Alongwith the affidavit the plaintiff has also produced copies of the correspondence and original dishonored cheque dated, 8th March,1977 for Rs,78,000 and memo of the bank returning the said cheque for non-payment.
The defendant though served with summons has remained absent. The case has thus proceeded ex parte in his absence.
4. The facts stated in the plaint on oath and the affidavit filed in ex parte proof, have remained unrebutted and unchallenged. I have gone through the statement on oath made in the plaint and the affidavit and also perused the documents filed by the plaintiff and I am satisfied that the plaintiff has fully proved the claim made in the against the plaint by him defendant.
Accordingly the suit is decreed against the defendant for Rs,1,17,000 with costs and interest at the rate of Rs, 13% per annum from the date of the suit till payment.
' The prayer for special costs is not allowed as the defendant has not contested the suit.