PRABHAKAR FATOO DESSAI Vs. VASSUDEVA NARAYAN SARMALKAR

JUDGEMENT

(1.) This is defendant s second appeal against a money decree for recovery of Rs 2172/- with interest and costs.

(2.) Respondent (since deceased) had based his suit on a document Exh. 11 dated 16-6-1967. The document was a statement of account sent to the appellant. The statement of account showed a balance of Rupees 2172.68 outstanding against the appellant. The appellant made the following endorsement on this document "duly verified and found correct".

(3.) Case for the plaintiff/respondent was that he was a branch manager of British India Insurance Co. Ltd. at its Margao branch. He and the defendant/appellant were good friends and he used to pay the premiums due for the motor vehicles belonging to the appellants and later used to recover the same in due course. The account Exh. 11 showed the debit and credit entries with an outstanding balance of Rs. 2172.68 p. Respondent claimed this amount.