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

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.

-23.

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

current

mutual and open Aahrat Account with the plaintiff

firm which was being operated by him.

-36.

That the defendant took the following

cash loans / purchased goods on the manauti of the

plaintiff :-

*
Rs.

That the defendant took a cash loan of

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

signatures on the said entry in token of its

his

-4correctness. 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

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
account

Rs.
of

1,91,495-00

the

is

defendant

outstanding

for

which

in

the

amount

the

defendant is liable to pay to the plaintiff firm.

9.
and

That the defendant was requested time

again

outstanding

to

pay

amount,

to
but

the
the

plaintiff
defendant

the

said

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

-5mentioned 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