SITARAM KALANI Vs. MANMAL GATTANI

JUDGEMENT

(1.) THIS first appeal filed by the Defendant is directed against a judgment and a decree dated 27 -9 -1952, passed by the Additional District Judge Mandsaur.

(2.) THE Plaintiffs suit was for Rs. 16,805 -11 -0 and a decree has been passed in his favour for Rs. 10, 887 -6 -3. The Defendant has filed his appeal against this decree and the Plaintiff has cross -objections for that portion of the suit -which has been dismissed.

(3.) THE Defendant (Sitaram) resisted the suit on various grounds alleging that the cause of action arose at Ratlam and not at Neemuch, and the Mandsaur Court had no jurisdiction and that the suit was barred by time. He denied his liability to pay any sum to the Plaintiff stating that he had not received any money the Plaintiff and the Plaintiff, the Defendant and one Pandit Ramnarayan had formed a partnership and established a firm at Ratlam known as 'Shri. Madhya Bharat Metal Industries' for the manufacture of brass utensils, iron Tagaries (iron basins) and other implements.