DAULATRAM AGARWALLA Vs. CHAMPALAL JUGRAJ

JUDGEMENT

(1.) This is an appeal against an order of G.K. Mitter, J. allowing certain amendments of the plaint and granting fresh leave under Clause 12 of the Letters Patent in respect of such amendments.

(2.) The plaintiff respondent which is a registered partnership firm carrying on business at 195, Old China Bazar Street, Calcutta, filed a suit in this Court on or about the 15th December 1959 against the appellants Daulatram Agarwalla and Shankarlal Agarwalla describing the former as the Karta or Manager of a joint Hindu Mitakshara family consisting of himself and his sons Shankarlal and Shambhu Prosad and as carrying on a Joint family business under the name and style of Shanharlal Shambhu Prosad, along wiw Shankarlal Agarwalla, at Katihar and also at Labha, in the District of Purnea in the State of Bihar, for recovery of a sum of Rs. 74,612.89 nP. In respect of certain commission agency dealings and transactions. In the plaint as originally filed the case made was that in or about the year 1952 the defendants in their said business of Shankarlal Shambhu Prosad appointed the plaintiff firm as their Commission Agents for the sale of raw jute at certain terms and conditions set out in the plaint. Thereafter pursuant to such terms and conditions the plaintiff firm acted as the Commission Agent of the defendants. The accounts in respect of the dealings and transactions had between the parties were adjusted from time to time and on or about the 15th June 1959, a sum of Rs. 38,344.48 nP. was found due and owing by the defendants to the plaintiff firm, but later on it was discovered that there was a slight error in the account and the amount actually due was Rs. 33,334.68 np. There were further dealings and transactions between the parties after that date and as a result of such further dealings and transactions a sum of Rs. 78,646.41 nP. became due from the defendants to the plaintiff. But after giving credit of a sum of Rs. 5900.09 nP. which was payable by the plaintiff firm to the defendants in respect of the sale proceeds of a consignment of jute sent from Labha station to Cossipore Railway Station, the sum that remained due from the defendants to the plaintiff was Rs. 66, 280.30 nP. and adding to that a sum of Rs. 8,232.50 nP. being the amount of interest due at the stipulated rate, the total amount that remained payable to the plaintiff was Rs. 74,512.89 nP. Accordingly the claim of the plaintiff was laid at this figure in the original plaint. It is to be noted that the suit was filed after obtaining leave under Clause 12 of the Letters Patent.

(3.) On cr about 7th December, 1950 the plaintiff firm look out a summons for amendment of the plaint. The material amendments asked for were as follows: