CHIRANJI LAL Vs. SHANKAR LAL

JUDGEMENT

(1.) This is a defendant's appeal and arises out of a suit for the recovery of Rs. 5885-12-0 from the defendant appellant and his son. The plaintiff's case was that he carries on business in the name and Style of Gulluram Shankar Lal and the defendants, who are father and son, purchased chillies worth Rs. 5804-6-3 on Fagun Section 2, St. 2003 and worth Rs. 4395-7-0 on Chet B. 11, st. 2003 from the plaintiff. In addition to this amount they borrowed rupees 68-10-0 in cash. Out of this amount, Rs. 5290 were paid on different dates and a balance of Rs. 4978-4-9 remained due from them. He, therefore, prayed for the recovery of Rs. 4978 4-9 together with Rs. 906-7-6 as interest on the said amount.

(2.) Ram Sarup defendant did not put in an appearance and the case proceeded ex parte against him. Chiranji Lal denied the plaintiff's claim and pleaded that he made no purchase of chillies from the plaintiff's shop and was living separately from Ram Sarup, whom he had separated after paying Rs. 8000.

(3.) The learned Civil Judge of Dholpur, accepted the plaintiff's evidence and held that both Ram Sarup and Chiranjilal had purchased the chillies as alleged by the plaintiff and had also taken the advance of Rs. 68-10-0 in cash. He therefore, decreed the suit in full against both the defendants. Chiranjilal went in appeal to the Court of the District Judge at Bharatpur who partly accepted the appeal and modified the decree of the trial Court in that he disallowed the interest. Chiranjilal has now come in second appeal to this Court.