FIRM KAMTA PRASAD JAGANNATH PRASAD Vs. GULZARI LAL

JUDGEMENT

(1.) THIS is a Special Appeal against a judgment of a learned single Judge. The plaintiff filed a suit for recovery of Rs. 1200/-, on the allegation that the plaintiff-firm Kamta Prasad Jagannath prasad was a registered firm and carried on business of commission agency for sale and purchase of potato, tobacco and 'khali', and the defendants had entered into several transactions of sale of potatoes, tobacco, etc. , through the plaintiff-firm and they had also made certain purchases from the firm and the amount was due on a balance of account. It was said that the accounts between the parties were mutual, open and current as the plaintiff had to pay to the defendants the price realised from defendants' customers and the defendants had to pay to the plaintiff price of the goods purchased. The last item was entered in the accounts on 31-7-1943, from which date, it was claimed, limitation should be computed. The suit was filed on 24-2-1944. Among other defences a defence was taken that the plaintiff's suit was barred by limitation. The trial Court dismissed the suit, holding that it was barred by limitation. The lower appellate Court decreed it. The learned single Judge has, however, dismissed the suit.

(2.) IT appears from the judgment of the learned single Judge, as also from the judgment of the lower appellate Court, that it was admitted that in the beginning the accounts were mutual, open and current. The lower appellate Court has said as follows :

(3.) ON this point, therefore, both parties were agreed that the dealings between the parties gave rise to reciprocal demands and the accounts were mutual, open and current.