AFSAAR HUSSAIN AND ANR. Vs. TRILOKCHAND PREMCHAND

JUDGEMENT

(1.) THE defendants are in appeal against the reversing judgment and decree of the learned District Judge of Koraput at Jeypore in a suit for recovery of the price of goods supplied.

(2.) THE plaintiffs alleged that they had a shop at Koraput and the defendants were taking cloth on credit from time to time. A sum of Rs. 695.79 paise was due from the defendants by 20th of July, 1965. In spite of demand, the amount was not paid. Therefore, after notice, the suit was filed on 31st of October, 1966, claiming the principal sum together with interest.

(3.) THE learned Subordinate Judge dismissed the suit by holding that the suit was not maintainable as it was hit by Section 69 of the Indian Partnership Act.