CH. ANAND SINGH Vs. PHOOL CHAND AND OTHERS

JUDGEMENT

(1.) In this appeal by Anand Singh, defendant No. 2, Ch. the learned counsel for the appellant has assailed the judgment and decree dated 19-10-1968 passed by 1st Additional Civil Judge in Civil Appeal No. 139 of 1967 confirming the judgment and decree dated 31-10-1966 passed by the Munsif City Kanpur in Original Suit No. 208 of 1963 on two grounds:

(2.) The above points arise in this manner. Phool Chand, plaintiff-respondent No. 1 is sole proprietor of- a firm styled 'Phool Chand Dalai carrying on cloth business. The appellant, Ravi Shanker respondent No. 3 and Amrit Lal respondent No. 4 were undisputedly parties of a registered firm styled M/s. Anand Singh Ravi Shanker which was also dealing in cloth. Respondent No. 1 had sold cloth to the said firm during the period 30th April, 1959 to 13th July, 1961. In this period the firm of the respondents and respondents Nos. 3 and 4 and appellant had made some payments. After having deducted the amounts paid, the respondent No. 1 brought suit for recovery of the balance amount.

(3.) The learned Munsif found that the appellant was a partner of the firm and was liable to pay the amount claimed by the respondent No. 1. On this finding, the suit of the respondent No. 1 was decreed against all the defendants in the case. Before the trial court it was not pleaded that the transaction of sale and purchase of cloth between the parties was void in view of the provisions of Sec. 4 of the Control Order. In the appeal by the present appellant, the First Additional Civil Judge confirmed the finding of the trial Court that the appellant was also liable to pay the amount in question to the respondent No. 1. Before the Additional Civil Judge, the appellant contended that the transactions were void because of the provisions of Sec. 4 of the Control Order. The Additional Civil Judge did not accept the contention. Consequently, the appeal was dismissed.