Ex parte money decree upheld where invoices, delivery records and unrebutted sales tax balance supported the plaintiff's claim.

In an ex parte money suit, the plaintiff was found entitled to a decree where invoices, delivery challans and bank records supported the price of goods supplied, and the defendant filed no written statement or defence. The unpaid balance of sales tax was also accepted on the basis of debit notes and part-payments shown on record. As the claim remained unrebutted, the court granted the principal sum, balance sales tax, interest at a reasonable rate and costs, with the suit decreed in full.

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Issues: Whether the plaintiff was entitled to a decree for the price of goods supplied, balance sales tax, interest and costs in an ex parte suit where the defendant did not appear or file a written statement.

Analysis: The claim for the price of goods supplied was supported by invoices and delivery challans acknowledged by the defendant. The bills drawn through the plaintiff's bank were dishonoured, and the amount claimed remained unrebutted. The balance sales tax claim was also supported by debit notes and part-payments, leaving the unpaid balance admitted on the record. In the absence of any defence, the claim stood uncontroverted and the plaintiff was entitled to relief. Interest on the unpaid price was awarded at a reasonable rate, and costs followed the result.

Conclusion: The plaintiff was entitled to a money decree for the principal sum, the balance sales tax, interest and costs.

Final Conclusion: The suit was decreed in full in favour of the plaintiff, with interest at 6% per annum on the principal amount and costs.

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