KUSHALBHAI MAHOJIBHAI PATEL vs A FIRM OF MOHMADHUSSAIN RAHIMBUX

The Supreme Court held that the supply of goods by the plaintiff and the issuance of cheques by the defendant shifted the onus of proof regarding privity of contract to the defendant, as established under the principles of contract law. The Court found that the admission of receipt of goods by the defendant raised a presumption of an order placed with the plaintiff, which the defendant failed to rebut by not producing relevant books of account. Consequently, the Court set aside the decree of the trial court and allowed the appeal, affirming the plaintiff's claim for recovery of the price of goods supplied.