SB Civil First Appeal No. 34/1991 Shanti Swaroop Vs Shri Sarwan Lal 18.2.2008 Hon'ble Mr Justice Ashok Parihar Mr Anuroop Singhi - for appellant BY THE COURT: The appeal is directed against the judgment and decree dated 28.4.1989, passed by the trial court, by which, the suit for recovery of Rs.10,341/- has been dismissed. It has been alleged that the plaintiff-appellant (hereinafter to be referred to as the 'plaintiff') had given Rs.10,000/- to the defendant-respondent(hereinafter to be referred to as the 'defendant') for purchase of mustard. Though, the defendant had paid Rs.2400/- to the plaintiff but remaining amount not been paid, the suit was filed for recovery of the amount due with interest. The defendant had denied the claim of the plaintiff alleging the same to be absolutely false and fraudulent. As per pleadings of the parties, six issues were framed. Four witnesses have been examined on behalf of the plaintiff, whereas, three witnesses have been examined on behalf of the defendant. On the basis of the evidence and material on record, the trial court came to a conclusion that the plaintiff has failed to prove that the amount of Rs.10,000/- was ever been given to the defendant. Even the witnesses of the plaintiff, in their cross examination, have not supported the claim of the plaintiff. No documentary evidence, whatsoever, has been produced by the plaintiff to support his claim, whereas, the defendant has been able to prove that he was not dealing with the trade of mustard and never purchased the same on the date alleged by the plaintiff. Since, on the basis of evidence and material on record, the relevant issues have been decided against the plaintiff, I find no error or illegality in the judgment and decree passed by the trial court so as to take a contrary view. The appeal is dismissed accordingly as having no merit. The record be sent back. (Ashok Parihar) J. bnsharma