IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.250 of 1987 (O&M) Date of decision:11.11.2009 M/s Raghunath Rai Naresh Kumar and Co. -----Appellant Vs. Tirlochan Singh Pritpal Singh and another ----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL Present:- None. Adarsh Kumar Goel,J. 1. This appeal has been preferred by the plaintiff against dismissal of suit for recovery of Rs.2780/- reversing the decree of the trial court. 2. Case of the appellant was that defendant No.2 purchased cloth from the plaintiff but did not pay the full price thereof and the defendants were, thus, liable to pay the outstanding balance. RSA No.250 of 1987 (O&M) 3. The defendants contested the suit by pleading that no cloth was purchased on credit and nothing was due. 4. Main issue between the parties was Issue No.2. On the basis of agreement of the parties, the suit was partly decreed. However, on appeal, the lower appellate court held that no agreement had been reached between the parties and decree of the trial court attributing consent to the defendants was against facts. Accordingly, decree of the trial court was set aside. 5. The appeal has been pending for the last more than 22 years. The appeal can be entertained only if there is any substantial question of law. No substantial question of law has been framed. 6. Inspite of repeated calls, none appears. The matter was shown in the list earlier also. 7. In these circumstances, the appeal is dismissed for non-prosecution. 8. A copy of this order be sent to the appellant. November 11, 2009 (Adarsh Kumar Goel) ‘gs’ Judge 2