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Bhajan Lal Rajani Kant & Ors. vs. Koopar Engineering Ltd. & Anr.

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Code of Civil Procedure, 1908–Order 37–Suit for recovery of money–Decreed–Suit was not beyond the limitation as the defendants failed to substantiate the fact that the accounts were settled on 30.09.1974 by mutual consent–Plaintiff produced the receipts of part payment of Rs. 1,000/- dated 08.01.1975–Receipts were exhibited and proved–Merely because the plaintiff did not produce the account books to prove the last transaction, it is not a ground to reject the suit as the receipts of payment were proved–Mere oral objection of territorial jurisdiction is not sustainable–Findings over the issue of quantum of amount are also based on the appreciation of pleadings and evidence–No case is made out for interference.