PHOOLCHAND Vs. TARACHAND

JUDGEMENT

(1.) THIS is a second appeal by the defendant Phoolchand against the judgment and decree of the Civil Judge, Sirohi, dated the 29th July, 1952.

(2.) THE plaintiffs Tarachand and others are a firm who carried on commission agency business in the name of Tarachand Kundan Mal in Siana. THE plaintiffs' case was that the defendant Phoolchand did business in gold and silver through their agency. This business lasted from Svt. 2000 Asoj Vadi 5 (corresponding to 7. 9. 1944) to Chait (second) Vadi Svt. 2001 (corresponding to 2. 4. 1945) and the defendant owed to the plaintiffs a sum of Rs. 5626/0/6 towards which the defendant paid a sum of Rs. 4000/- on Asad Vadi 2, Svt. 2001 through the firm of Shah Jawanmal Rikhab Das of Jawal with the result that a sum of Rs. 1626/0/6 remained outstanding against the defendant. THE plaintiff added a sum of Rs. 324/15/6 to the above sum by way of interest and brought a suit for Rs. 1951/-against the defendant on the 11th March, 1948. THE plaintiffs further alleged that defendant No. 2 Chunnilal was their partner but as he was not prepared to join in the institution of the suit, they were compelled to implead him as a defendant. THE defendant appellant admitted that he did business in gold and silver through the commission agency of the plaintiffs but mainly" resisted the suit on the ground that it was barred by limitation. He also pleaded that nothing was due from him either by way of principal interest. As regards the payment of Rs. 4,000/-, the defendant denied that the payment was made under his signature or under the signature of any agent of his. THE trial court decree the plaintiffs' suit for a sum of Rs. 640/2/- plus Rs. 112/- as interest having held that the rest of the plaintiffs' claim was barred by time. THE plaintiffs went up in appeal to the Civil Judge, Sirohi, who varied the judgment of the trial court and decree the plaintiff's suit in-toto. This second appeal has been filed by the defendant Phoolchand against the above judgment and decree.