KRISHNA BANWARI LAL Vs. BEHARI LAL SRI KRISHNA

JUDGEMENT

(1.) This is a defendants first appeal directed against an order of the 1st Additional Civil Judge Kanpur, dated 2-6-1962 granting the plaintiff's application for review,

(2.) The plaintiffs-respondents instituted a suit (suit No. 43 of 1960) in the Court of 1st Civil Judge, Kanpur, against the defendants-appellants and the respondent No. 2 for the recovery of a sum of Rs. 12,000/- with interest pendente lite and future, on the assertion that there were dealings between the plaintiffs and the defendants since long, that the defendants used to purchase goods through the plaintiffs firm, that the accounts between the parties were first squared up in sambat 2014 corresponding to year 1957 that the dealings between the parties continued even thereafter, that on the basis of entries during the period 28-10-1857 to 18-8-1959 in the account books of the plaintiffs which have been accurately maintained in the regular course of their business a sum of Rs. 12,000/- consisting of Rs. 11497.12.0 on account of principal, Rs. 500.1.6 on account et interest, and Rs. 2.2.6 on account of discount on a Hundi drawn on the defendants but not honoured by them, was due to the plaintiffs for which the defendants were liable and that a true copy of accounts had been sent each year to the defendants who had admitted the correctness of plaintiffs accounts.

(3.) Defendants 3 and 4 on their own behalf and as partners of the defendant No. 1 contested the suit inter alia on the allegations that the dealings between the parties commenced in Sam bat year 2004, that the accounts were never squared up since that year, that the plaintiffs never gave any statement of their accounts to the defendants despite repeated demands, that the entries in the plaintiffs' account books on which their claim was founded were fictitious, that the defendants had never agreed to pay interest or any incidental charges to the plaintiffs, that the payments made by the defendants to the plaintiffs used to be in excess of their actual dues, and, that according to the entries in the defendants account books which were kept in the usual course of business a sum of Rs. 6235.11.6 was due to the defendants from the plaintiffs. Respondent No. 2 who was defendant No. 2 before the trial Court had filed a separate written statement in the suit and had asserted therein that he was never a partner of the defendant firm and had no dealings with the plaintiffs and as such no amount was due from him and the plaintiffs claim against him was frivolous and vexatious.