LAWS(CAL)-1967-9-2

TIRTHARAJ PANDEY Vs. AMAR CREDIT CORPN

Decided On September 28, 1967
TIRTHARAJ PANDEY Appellant
V/S
AMAR CREDIT CORPN Respondents

JUDGEMENT

(1.) THIS litigation is all over a secondhand motor-car, the particulars of which, not in the realm of controversy, are set, out below : maker's name-Hindusthan : ambassador. Year of manufacture-1961. Engine number-OE-22683. Chassis number-111-22587. Registered number-WBB-923. The plaint, by its first paragraph, and the written statement of the two answering defendants, by its paragraph 1 (i), record just so, save a venial error in the plaint about the year of manufacture, 1960 instead of 1961.

(2.) THE plaintiff is one: Tirtharaj pandey of 1 Shib Thakur Lane. The defendants are four : 1. Amar Credit; corporation, a firm, (for short, "the firm" hereafter, as gar as possible), 2. Nandalal Poddar alias Nandu Poddar, 3. Khemchand, all of 85/1 Monohar Dass Street, and 4. Jhabarmal Agarwalla of 154 cotton Street, as described in the causetitle of the plaint.

(3.) TO put it tersely, the case, the plaintiff comes to Court with, is: on August 19, 1963, I agreed to buy, and the firm agreed to sell, the aforesaid motor-car for Rs. 17,651-Rs. 14,000 "being the net price" plus Rs. 3,651 "representing the interest, all costs and expenses for payment by instalments" of rs. G46 a month after an initial payment of Rs. 2,148. Pursuant to such agreement, I paid Rs. 2,148 on August 19, 1963, and took delivery of the motor-car upon execution of an agreement in english in a printed form: paragraphs 2 and 3 of the plaint. [the agreement of august 19, 1963, provides for 24 monthly instalments-the first one for Rs. 645 and the rest for Rs. 646 a month. ]