LAWS(HPH)-1956-3-1

KASHI RAM Vs. FIRM JAI RAM GANGA RAM

Decided On March 08, 1956
KASHI RAM Appellant
V/S
FIRM JAI RAM GANGA RAM Respondents

JUDGEMENT

(1.) These are two connected petitions for grant of certificate for appeal to the Supreme Court against the decision of this Court dated 10-8-1955 in Regular First Appeals Nos. 34 and 37 of 1951--which were disposed of by a common judgment. The petitions arise under the following circumstances : Jai Ram and Ganga Ram filed a suit against Bijai Ram Kashi Ram for the recovery of a sum of Rs. 30,534/10/- (Rs. 28,054/13/3 capital and the balance by way of interest) with the allegation that they (the plaintiffs) had been carrying on business at Simla styled as Firm Jai Ram Ganga Rani, while the defendants carried on business in the name of Firm Bijai Ram and Company. On 31-3-1936, the latter took over the assets and liabilities of the former firm for a sum of Rs. 26,054/13/3. The plaintiffs' case was that the sum of Rs. 26,054/13/3 aforesaid plus interest thereupon was due to them from the defendants less a sum of Rs. 2,420/8/3 for which they had been afforded credit by the defendants.

(2.) The suit was resisted by Kashi Ram, inter alia, on the following grounds :

(3.) In the result, Kashi Ram contended that the plaintiffs were not entitled to any relief.