BHEEK CHAND Vs. PARBHUJI

JUDGEMENT

(1.) THIS is a revision application by the plaintiffs in a suit for recovery of money which was decreed by the trial Court, but was dismissed by the appellate Court.

(2.) THE suit was Instituted against Ranji, Parbnuji and Mulji sons of Panajl on the allegation that they carried on business in partnership at Balotra in the name Ranji panaji and had dealings with the plaintiffs beginning from Asad Badi 13 Section 2008 corresponding to 20-6-52. It was alleged that they purchased one bag of tobacco worth Rs. 90/- on that date and purchased 11 bags of tobacco 10 days later worth Rs. 2001/ -. Further they were alleged to have made payments from time to time. An accounting took place between the parties on 26-10-54 when a debit balance of Rs. 462-8-0 was found against them for which a fresh Khata was executed by Parbhuji on behalf of the defendants on that date. Parbnujl was also alleged to have signed the debit and credit sides of the previous Khata.

(3.) ACCORDING to the plaintiffs further payments were made by the defendants after that date and a balance of Rs. 389-15-0 remained outstanding against them on katik Badi 15, Section 2011. The present suit was Instituted for the recovery of this amount together with a sum of Rs. 44-4-0 as interest and Rs. 5-13-0 as notice charges.