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Tirupati Re-Treaders vs. Atlantic Agencies

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Code of Civil Procedure, 1908–Order 37–Recovery of money–Suit for–Dismissal–Oral and documentary evidence shows that the goods were priced ex godown and the appellant was required to pay the balance amount and C Form at Jaipur Office–He failed to discharge his duty under the contract–He himself was a defaulter in performance of the agreement–Held, the suit was rightly dismissed.