FIRM RAM CHANDER Vs. FIRM RAGHUBIR SINGH KASERA

JUDGEMENT

(1.) This order shall dispose of two RSA Nos. 2371 & 961 of 1987 as common questions of law and facts are involved in these cases.

(2.) This regular second appeal relates to the civil suit No. 499 of 1979 filed by Firm Ram Chander Dinanath Gur Bazar Rewari for recovery of Rs. 12,750/-. The case of the plaintiff (now appellant in this regular second appeal) in brief is that a sum of Rs. 10,000/- was advanced to firm Raghubir Singh of which defendant No.2 Raghubir Singh and defendant No.3 Jagannath were the partners. The payment of Rs. 10,000/- was made vide cheque No. 048899 drawn on Central Bank of India, Rewari. The rate of interest was settled @ 0.95% per month and a writing to this effect was executed by defendant No.2 as partner of defendant No.1 firm. As the loan was advanced to defendant No.1 firm, both defendants No.2 & 3 are liable to repay the said amount. The defendants only paid Rs. 670/- by way of interest to the plaintiff-firm. The remaining amount i.e. Rs. 10,000/- towards principal and Rs. 2,750/- towards interest had not been paid. Hence, the suit.

(3.) Defendant No.2 in his written statement contested the claim of plaintiff with the plea that he had repaid the entire loan amount with interest on 4.3.1977. His second contention is that defendant No.1 firm was dissolved on 4.11.1975 and defendant No.3 was having no concern with defendant No.1 which was converted in sole proprietorship firm of defendant No.2. Defendant No.3 also contested the claim of the plaintiff in his separate written statement alleging therein that he ceased to be the partner of defendant No.1 firm w.e.f. 4.11.1975.