Indian Evidence Act, 1872 – Section 34 – This case involves a suit for recovery of money filed by the plaintiff, an electrical goods dealer, against the defendants, a company and its managing partner, for non-payment of invoice amounts for goods supplied. The defendants contested the claim, alleging excessive pricing and disputing the accuracy of the invoices.
The trial court dismissed the suit, and the first appellate court upheld the decision, citing the plaintiff’s failure to produce account books and examine the accountant, as required by Section 34 of the Indian Evidence Act, 1872. The plaintiff appealed, arguing that the invoices and purchase orders submitted as evidence were sufficient and that the accountant’s examination was unnecessary.