IN THE COURT OF ADDITIONAL CIVIL JUDGE (S

IN THE COURT OF ADDITIONAL CIVIL JUDGE (S.D.), MALOUT.M/s. Madan Lal Varinder Kumar C/A,

Surja Ram Market, Malout

Plaintiff Versus

Nachhattar Singh

Defendant***************************************************

Suit for the recovery of Rs. 1,91,495-00***************************************************

AFFIDAVIT

I Varinder Kumar S/o Sh. Madan Lal R/o Malout, Teh. Malout, Distt. Muktsar do hereby solemnly affirm and declare as under :-

1.

That the plaintiff firm is a Sole Proprietorship concern and I am its Sole Prop. and am fully acquainted with the facts of the case. I can depose about the correctness or otherwise of the facts of the case. So the present suit has been filed by me on behalf of the plaintiff firm.

2.

That the plaintiff firm deals in the business of Commission Agent and sells the crops of the farmers on commission basis.

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3.

That the plaintiff firm maintains regular account books in the ordinary course of business. These are Kachi Rokar, Pakki Rokar, Khata, Bill Book etc. Entries of the transactions are made on the spot in the account books daily and the balances are struck daily. The financial year of the firm starts from 1st of April and ends of 31st March of the next year. The balances of the previous year are carried forward in to the khata of the next financial year. The account books are produced before the Sales Tax, Income Tax and Market Committee Authorities as and when desired by them.

4.

That the plaintiff firm advances money to its Arhtias/farmers for the promotion of their agriculture and for their household needs. The defendant has also been purchasing goods from other shopkeapers on the Manauti of the plaintiff.

5.

That the defendant opened a current mutual and open Aahrat Account with the plaintiff firm which was being operated by him.

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6.

That the defendant took the following cash loans / purchased goods on the manauti of the plaintiff :-

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That the defendant took a cash loan of Rs. 1,34,500/- from the plaintiff on dated 24-02-2012. I made the entry to this effect on the spot in the Kachi Rokar of the plaintiff firm and after making the entry its contents were read over and explained to the defendant who after hearing the contents understanding and admitted the same to be correct put his signatures in Punjai on this entry in token of its correctness in my presence.That at the close of financial year 2012-2013 a sum of Rs. 1,34,000/- balance amount of the year was carried forward in the Khata of the next financial year i.e. 2013-2014 in the account of the defendant Nachhattar Singh.

The above said entry was made by me in the Kachi Rokar of the plaintiff firm on the spot at the time of its transactions which took place between the parties and thereafter their contents were read over and explained to the defendant who admitted the same to be correct and put his signatures on the said entry in token of its -4-

correctness. I identify my handwriting on the said entry.

7.

That the defendant agreed to pay interest @2% P.M. Moreover, this rate of interest is customarily prevalent in the market on such like transactions. But the plaintiff has charged interest @1.50% p.m. on the above said transaction.

8.

That a sum of Rs. 1,34,500-00 on account of principal and a sum of Rs. 56,995-00 on account of interest upto date of filing the suit totaling Rs. 1,91,495-00 is outstanding in the account of the defendant for which amount the defendant is liable to pay to the plaintiff firm.

9.

That the defendant was requested time and again to pay to the plaintiff the said outstanding amount, but the defendant has been avoiding the matter on one pretext or the other and ultimately a week ago from filing of the present suit he has refused to do so. 10.

That the cause of action arose to the plaintiff on various dates when the defendant took loan amounts / purchased goods on manautis as -5-

mentioned in para no. 6 (which are not repated here again for the sake of bravity) and a week ago from the ultimate refusal of the defendant to admit the claim of the plaintiff. Hence the present suit has been filed within the period of limitation.

Deponent

Varinder Kumar

Verification :-

Verified that the facts stated above in my above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Varinder Kumar