SANTI RANJAN DAS GUPTA Vs. DASURAM MIRZAMAL FIRM

JUDGEMENT

(1.) THIS appeal is from the judgment and decree of the Subordinate Judge, Lower Assam Districts, dated 7th January, 1952, by which Plaintiff's suit for recovery of a sum of Rs. 71,980 was decreed. Defendant has appealed.

(2.) THE case of Mirzamall Agarwalla, managing -proprietor of Messrs. Dasuram Mirzamal, as disclosed in the plaint was that Santiranjan Das Gupta, Defendant was doing business in Nowgong town and had also a rice mill at Hojai in the District of Nowgong. He was having cash and goods from Plaintiffs from time to time. The account was settled on 18th December, 1961. The Defendant's liability by that date had reached Rs. 61,000. This sum included some interest. He acknowledged this liability and executed a writing called Mabalakbandi in Plaintiff's Khata at Gauhati in his own hand.

(3.) THE suit was resisted. Several legal pleas were raised. It was pleaded that the suit was not maintainable, the Plaintiff had no right to sue the Defendant, there was no cause of action for the suit, the Gauhati Court had no jurisdiction and the suit was barred by time. On facts the allegation that the Defendant had taken cash and goods from the Plaintiff from 'time to time' and on a settlement of accounts a sum of Rs. 61,000 was found due from him which he acknowledged as due by his writing, was denied. It was alleged that the Mabalakbandi was not executed at Gauhati. It had been written at Hojai in the District of Nowgong. At the time it was written there were no entries of accounts at the top portion of the page on which the Mabalakbandi was written. That portion was blank when the Defendant wrote Ext. 2 (1) (Malakbandi). The correctness of the entries which appeared at the top of Ext. 2 (1) was also denied and it was pleaded that the writing of Ext. 2 (1) was not intended to fasten liability on the Defendant.