PHOOL CHAND Vs. LAXMI NARAIN

JUDGEMENT

(1.) THIS is a special appeal against the judgment of a learned Single Judge of this court in second appeal by special leave.

(2.) KESRIMAL, appellant-defendant, deceased, was a member of the Jodhpur Bullion association. Laxmi Narain, respondent-plaintiff, entered into transactions with him in accordance with the rules and usage of that Association. He sold 51 bars of silver at rates varying between Rupees 159/- and Rs. 159-3-0 on 4 different dates for the Vaida of Migsar Sudi 5, S 2011 corresponding to 30th November, 1954. On 25th November, 1954, the plaintiff went to the shop of the defendant and asked his son Babulal and his Munim who were present at the shop to cover up the sale of 51 bars by purchasing 51 bars for the same Vaida. They told him that the sales had already been covered. The plaintiff had never given any such instructions to the defendant. He accordingly sent a telegram, Ex. A-29, to him on 26-11-54, which runs as follows:-

(3.) ON the same day the defendant sent a telegram, Ex. A-30, to the plaintiff in which he alleged that the latter had personally squared up the sales on 23-11-54 and 24-11-54- This telegram runs as follows:--