SUNDERLAL SARAF Vs. SUBHAS CHAND JAIN

JUDGEMENT

(1.) This first appeal has been preferred by plaintiffs assailing the judgment and decree of trial Court dismissing their suit.

(2.) A suit for realization of Rs. 51,000/- has been filed by plaintiffs with a further prayer to pass a decree of interest @ 5% per annum from the date of the suit till the date of realization.

(3.) In brief the suit of plaintiffs is that they are real brothers and are carrying on the business in the sale and purchase of silver and its ornaments. Plaintiff No. 1 Sunderlal also used to do his own independent business as distinct from that of the firm. In order to meet his cash requirements and to streamline his individual business, he borrowed money from defendant Dharamchand on the security of silver. According to the plaintiffs, the defendant has been lending money in Shahdol in regular course of his business. Plaintiff No. 1 Sunderlal borrowed from defendant on different dates various amounts of money, the details of which are mentioned in para 3 of the plaint. According to the plaintiffs, these transactions were separate and independent deals of plaintiff No. 1 Sunderlal and is distinct from those of his family firm. According to the plaintiffs since the. defendant has been alleging that the transaction took place with plaintiff No. 2 Jagdeo Prasad, he is joined as co-plaintiff.