BRIJMOHANLAL RATHI & ANOTHER Vs. AMIN CHAND PYARELAL

JUDGEMENT

(1.) The plaintiffs in this suit are Brijmohanlal Rathi and Gharashyamlal Maheswari and the defendant is a firm Amin Chand Pyarelal. The plaintiffs claim a decree for Rs. 1,73,565.00 alternatively, accounts and a decree for the amount found due with further interest and costs.

(2.) The plaintiffs have described themselves in the cause title as carrying on business as a registered partnership under the name and style of 'Shree Ratan Navaratan' at 115, Canning Street, Calcutta.

(3.) The facts on which the plaintiffs' cause of action is based are rather complicated. It is the case of the plaintiffs in the plaint that until the 30th Nov., 1961 the plaintiff No. 1, that is, Brijmohanlal Rathi was the sole proprietor of and used to carry on business under the name and style of "Shree Ratan Nava Ratan". It is alleged that in or about July, 1959 there was an agreement between the plaintiff No. 1 and the defendant, a dealer in iron and steel goods, that there would be transactions between them involving payment of money on the part of the plaintiff No. 1 and supply of goods on the part of the defendant. Apparently this agreement was oral. It is further alleged that pursuant to this agreement transactions were had between the parties and a mutual open and current account was maintained in respect thereof.