RAMANLAL Vs. RAMGOPAL

JUDGEMENT

(1.) THIS is a first appeal by defendants Ramanlal and Murlidhar against a judgment and decree of the Civil judge, Churu, dated 22 -9 -1951, in suit for money.

(2.) THE plaintiff Ramgopal's case as set out in the amended plaint was that he carried on business as a money -lender in Moulmein (Burma) in the name of Bilas Rai Ramgopal and that the defendants who were brothers also did business there and used to borrow money from him from time to time, it was alleged by the plaintiff that he left Burma on 11 -12 -1941, as a result of the Second World War having broken out there, and that on 6 -12 -1941 a sum of Rs. 21,142/7/ - remained outstanding against the defendants, and on 10 -12 -1941, further sums of Rs. 581/4/ - and Rs. 2000/ -were debited against the defendants so that in all Rs. 23,723/11/ - became due from them. To this the plaintiff added a sum of Rs. 3947 -5 -3 as interest at the rate of 14 annas per cent, per mensem from 6 -12 -1941, up to the date of the suit thus bringing the total to Rs. 27,671/0/3.

(3.) THE learned District Judge, Churu, in whose Court the plaintiff had instituted his suit, dismissed it on 21 -10 -1946. The plaintiff took an appeal to the High Court of the former state of Bikaner where the appeal was allowed and the case remanded for further evidence and a fresh decision. This happened on 29 -10 -1947. It was after the remand that the plaintiff obtained permission to implead Murlidhar as defendant also and impleaded him as such. The case had in the meantime been transferred to the Civil Judge, Churu, owing to re -organization of Courts and the learned Civil Judge decreed the plaintiff's suit against both defendants. This appeal is directed against the above judgment and decree.