LAKSHMAN PRASAD Vs. GHASI RAM AND OTHERS

JUDGEMENT

(1.) THIS is a plaintiffs second appeal and arises out of a suit filed by him to recover a sum of Rs. 527-13-9 as price of cloth alleged to have been purchased by the respondents and interest thereon.

(2.) THE plaint allegations were that the plaintiff appellant carried on business in cloth and the defendant-respondents, who were members of a joint Hindu family, purchased cloth from the plaintiff. It was also alleged that the defendants dealt in readymade garments and they supplied the same to the plaintiff for sale on commission basis. The amount claimed by the plaintiff comprised the following items :- 1. Rs. 247-12-0 as principal. 2. Rs. 230-15-3 as interest.

(3.) THE learned Munsif repelled the pleas put forward on behalf of the respondents and decreed the suit. He held that the article of the Limitation Act applicable to the case was 85 and the whole of the amount claimed was within the prescribed period of limitation. The defendants preferred an appeal against the aforesaid decision and the learned District Judge who heard the appeal held that there was no mutual, open and current account between the parties and that the article of the Limitation Act applicable to the case was 52. The learned District Judge passed a decree for a sum of Rs. 366-0-6 only. Aggrieved by the aforesaid decision the plaintiff has preferred this appeal.