FIRM OF TATAVARTI NAGAPOTHA RAO Vs. BALABHADRA RAMAKRISHNAYYA

JUDGEMENT

(1.) THIS revision petition has been referred by Basheer Ahmed Sayeed J. to a Bench in view of the conflict between his judgment reported as --'Ramdayal Rameshwarilal v. Chandra Narasimham', (A) and the judgment of Panchapakesa Aiyar J. in -- 'C. R. P. Nos. 941 and 942 of 1949 (Mad) (B).

(2.) THE facts relevant for the purpose of this revision are these: THE plaintiff is a merchant carrying on business at Ellore. Defendant 1 is a firm carrying on business at Masulipatam and defendants 2 and 3 are its partners. On 1-1-1944 the defendants entered into a contract with the plaintiff at Vijayawada, Ex. P-1. Under that contract, the defendants agreed to supply the plaintiff 30,000 gunnies or 75 bales at Rs. 56-12-6 per 100 gunnies. THEre is a note in the contract in these words:

(3.) IN this view the civil petition fails and is dismissed with costs.