INDIAN METAL INDUSTRIES Vs. UNITED GLASS COMPANY

JUDGEMENT

(1.) Indian Metal Industries, the plaintiff, is a partnership firm registered under the Indian Partnership Act. S/Sh. Surendra Kumar and Virendra Kumar are its partners. It manufactured Pilfer Proof Cape and Tin Containers, Bakelite Caps, Machines and moulds etc. It also dealt in the sale and purchase of aluminium sheets and aluminium foil etc. It had dealings with the defendant, M/s. United Glass Company, a sole proprietorship firm of Sh. Mool Chand. For the goods purchased from the plaintiff and defendant used to make payments in account from time to time. The account commen- ced from April 10,1957.

(2.) On May 17, 1963, Sh. Mool Chand, proprietor of the defendant firm, brought a suit (Suit No. 652/66) for recovery of Rs. 16,286.91 against the plaintiff and its partners. It was alleged that the value of the goods supplied by the present plaintiff was credited and the amounts paid to the plaintiff were debited in its account and in January, 1963 a sum of Rs. 16,286.91 was due from the plaintiff.

(3.) The plaintiff resisted the suit. It was admitted that it had dealings with the defendant. It was, however, pleaded that nothing was due from it and on the other hand a huge amount was due to the plaintiff from the defendant.