PRAYAGCHAND HARIRAM Vs. DEOTA CLOTH CENTRE

JUDGEMENT

(1.) THIS Second Appeal is preferred, by the original plaintiff, i. e. a partnership firm, challenging the judgment and order passed by the Additional District Judge, Amravati, in Regular Civil Appeal No. 241 of 1985.

(2.) THE plaintiff - firm by name Prayagchand Hariram brought a suit against the defendants, who are the present respondents, for the recovery of price of goods (cloth) sold. The firm is registered with the Registrar of Firms at Nagpur, and the place of business shown in the registration certificate is Pulgaon, District Wardha. However, the firm was carrying on business at Amravati also through Amravati Branch. In the registration certificate, Amravati was not shown as one of the places of business of that firm at the relevant time when the transaction in this suit took place. The learned counsel for plaintiff/appellant informs that subsequently Amravati is also shown as a principal place of business in the registration certificate. The position prevailing at the time of transaction and filing of suit shall be taken into consideration.

(3.) THE learned 8th Joint Civil Judge, Junior Division, Amravati, before whom Regular Civil Suit No. 363 of 1984 brought by the plaintiff - firm came up for hearing, decreed the claim of the plaintiff - firm for the recovery of Rs. 3,470/- with a further direction to pay the interest at the rate of Rs. 12 per cent per annum from the date of suit till the realisation. The Trial Court held that the plaintiff is a registered partnership firm.