CHUNNILAL Vs. GHANSHYAMDAS AND ORS.

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a money suit.

(2.) BRIEFLY stated, the case of the plaintiff -respondent Ghanshyamdas is that defendants Nos. 1 to 3 Chunilal. Nemichand and Mitha Lal were working as commission agents in partnership under the name and style of firm. Jairoop Chunnilal at Jodhpur in connection with sale and purchase of gold and silver bars and Ganeshmal defendant No. 4 transacted business in sold and silver through the agency of defendants Nos. 1 to 3 in Section 2001 and Section 2002. It was further alleged in the plaint that Ganesh Mal had also money dealings with defendants Nos. 1 to 3 who used to maintain accounts of all the dealings of Ganeshmal of cash as well as of gold and silver. It was averred that on Srawan Bad 9, Section 2002, Ranulal the Munim of firm Jairoop Chunnilal sent an account to Ganeshmal marked Ex. 1 showing an amount of Rs. 29,780/14/3 to the credit of Ganeshmal and Rs. 22,422/12/6 on the debit side. Thus according to this account a sum of Rs. 73555/1/9 was due to Ganeshmal from the appellant towards which Rs. 1,000/ - were paid later on by defendant -respondent Nemichand to Ganeshmal through a Hundi and thus a sum of Rs. 6358/1/9 remained outstanding in favour of Ganeshmal against the defendant -appellant. The plaintiff's case is that this debt was assigned by Ganeshmal to him by a deed of assignment dated Chet Sudi. 7 Section 2006, notice of which was also given to the defendants Nos. 1 to 3. The plaintiff, therefore, filed the present suit in the Court of Civil Judge. Jodhpur on 26 -7 -1951 against the firm Jairoop Chunnilal through its partners defendants Nos. 1 to 3 for recovery of Rupees 6358/1/9 as principal and Rs. 2352/14/3 as interest, total Rs. 8711/ -. The assignor of the debt viz. Ganeshmal was also impleaded as a defendant in the suit and it was prayed that in case it is held that defendants Nos. 1 to 3 are not liable for the suit amount a decree for the same be passed against Ganeshmal.

(3.) AFTER recording the evidence produced by the parties, the learned Civil Judge, Jodhpur by his judgment dated 8 -5 -1958 decreed the plaintiff's claim for the principal sum Rs. 6358/1/9 and also awarded pendente lite and future interest on this amount, but rejected the plaintiff's claim for interest prior to the date of the suit.