LAWS(P&H)-1954-9-12

DEVA SHARMA Vs. SETH LAXMI NARAIN GADDODIA

Decided On September 14, 1954
DEVA SHARMA Appellant
V/S
Seth Laxmi Narain Gaddodia Respondents

JUDGEMENT

(1.) This judgment will dispose of three appeals (Regular First Appeal Nos. 13, 14 and 15 of 1953) brought by the three defendants against a judgment and decree of the learned Senior Subordinate Judge of Delhi dated the 6th December, 1952 decreeing the plaintiff's suit which was brought by Laxmi Narain Gaddodia against the three defendants praying for declaration, injunction and account, and in the alternative decree for damages for Rs. 6,00,000 with interest pendente lite.

(2.) On the 20th March, 1937 by a letter (Exhibit P.2 at page 179 of the paper book) L.N. Gaddodia & Co., were appointed selling agents to sell yarn and cloth of the Kanpur Cotton Mills Branch of the British India Corporation. The appointment was upto the end of the year and on probation and was terminable at the option of the Mills. The important clauses of the agreement are Nos. 1 to 4, 13 and 17. I reproduce paragraphs 3, 4, 13 and 17 are as follows :-

(3.) On the 29th March, 1937 by a document (Exhibit P.1 at page 181) Laxmi Narain Gaddodia, the plaintiff, entered into a partnership with Dev Sharma defendant No. 1. This was for the selling agency of the Cawnpore Cotton Mills only and the shares were - Gaddodia 12 annas and Dev Sharma 4 annas. The plaintiff was the financier and Dev Sharma was the working partner....This agreement was for one year in the first instance but was to continue and last as long as the agency continued. Clause 3 of this agreement was as follows :-