LACHHMI NARAIN Vs. FIRM MEGHRAJ MOHANLAL

JUDGEMENT

(1.) THIS is a second appeal by one of the defendants against the judgment and decree of the learned Civil Judge, Bikaner, dated the 29th May, 1961, upholding the judgment and decree of the Munsif, Bikaner, dated the 28th May, 1959.

(2.) THE facts giving rise to it may be briefly stated as follows: Respondent No. 1, firm Meghraj Mohanlal filed a suit against the present appellant Lachhmi Narain and respondents Nos. 2, 3 & 4 namely Hari Kishan, Nathmal and Badri Narain, for recovery of Rs. 540/- in the court of the Munsif, Bikaner. It was averred by the plaintiff that all the four defendants (including the present appellant) carried on business at Kolayat as partners of a firm which was known as Tarachand Lachhmi Narain. On behalf of the said partnership firm, one of its partners namely Hari Kishan borrowed a sum of Rs. 425/-on 8th February, 1953, and agreed to pay an interest at the rate of 9% per annum. An entry to this effect was made by him in the account-book of the plaintiff and signed by him. This loan remained unpaid and therefore the plaintiff prayed for a decree for the principal amount of Rs. 425/- and Rs. 115/- as interest against all the four defendants.