BHOLARAM AGARWALLA Vs. JIAT

JUDGEMENT

(1.) This is an appeal against a decree of the District Judge of Burdwan affirming a decree of the Munsif. Third Court, Burdwan, in a money suit.

(2.) The plaintiffs' claim was that the plaintiffs' firm did Aratdari business, the firm of Nupchand Rameswar Lall, defendant No. 1 being one of their customers. The latter used to buy goods in the mofussil, despatch them to the plaintiff firm's godown; the plaintiff firm arranged for on the instruction of and with the permission of the defendant firm for the sale of the goods so purchased, and they charged certain sum by way of commission and also incidental expenses. The plaintiff firm also used to advance sums to the defendant firm by way of financing their business. All the transactions were entered in one account, the balance being struck out from time to time. The plaintiffs, therefore, contended that the account kept was a mutual open account and they sued for the balance shown on the 25th Agrahayan, 1349 B. S. when the transactions were closed, namely, Rs. 866-12-6 pies together with interest at the rate of 9 per cent per annum. The total claim was Rs. 1,100/-.

(3.) The main point in dispute throughout has been the question of limitation. Both the Courts have found in favour of the plaintiffs that the account was a mutual open account and the Article 85 of the Limitation Act would apply.