NAGAR NEWS AGENCY Vs. AWANTIKA PRAKASHAN

JUDGEMENT

(1.) THE revision is directed against the judgment and decree dated 30.11.91 of Addl. District Judge, Ujjain passed in Small Cause Suit No. 15/90, whereby a decree of Rs. 785/ - has been granted against the defendant -applicant.

(2.) THE brief history of the case is that the plaintiff filed a suit before the small cause Court (Court of Addl. District Judge) Ujjain with the assertion that he is running a paper 'Awantika' and the defendant was working as agent. In the regular course of transaction some money remained out -standing against the defendant and thereafter a final bill of Rs. 785/ - was given to the defendant who endorsed it and thereafter a notice was given, but the defendant failed to pay. Hence, the suit, the defendant denied the contention of the plaintiff and submitted that he has got nothing to do with the Nagar News Agency. The learned trial judge has accepted the contention of the plaintiff and decreed the suit. Hence, this revision.

(3.) AS against it learned counsel for the plaintiff has submitted that the defendant has accepted his signature on Ex. P/2 and has not explained as to how and in what capacity he received that bill and that goes to show that he accepted the liability and was really working as an agent of the plaintiff.