RSA No. 312 9 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 9482-C of 2009 and RSA No. 3129 of 2009(O&M) Date of Decision: August 27, 2009 M/s Friends Rubber Industries (P) Ltd. and another ...... Appellants Versus Shri S.K.Sabharwal and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Sudhir Paruthi, Advocate for the appellants. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. CM No. 9482-C of 2009 For the reasons mentioned in the application, the deficiency of Court fee for filing the present appeal is made good. CM stands disposed of. RSA No. 3129 of 2009 This appeal has been filed against the judgment of the learned Lower Appellate Court reversing that of the trial court and thereby decreeing the suit of the respondents for recovery of Rs. 1,37,000/- odd. The following questions have been proposed:- 1. Whether in the facts and circumstances of the present case, RSA No. 312 9 of 2009 (O&M) 2 the suit of the plaintiff can be decreed without the production of any sales register, cash book, bill book on record? 2. Whether in the facts and circumstances of the present case, the ledger produced by the respondent which was unstamped and having number of missed pages can be relied upon? 3. Whether the judgment and decree passed by learned Appellate Court is perverse and against the settled principles of law? It would be seen that the questions proposed are all pure questions of fact. With the assistance of learned counsel for the appellant I have not only gone though the findings of the learned Lower Appellate Court but have also perused the documents on record. Learned counsel has not been able to persuade me that the said findings are either based on no evidence or on such misreading of evidence so as to be liable for interference under Section 100 C.P.C. Consequently this appeal is dismissed. No costs. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE August 27, 2009 sunita