BASTIMAL Vs. LEHRIRAM

JUDGEMENT

(1.) THIS is an appeal by the plaintiff's Bastimal and Javarimal against the judgement and decree of the Civil Judge, Jodhpur, dated 23rd April, 1952.

(2.) THE plaintiff's case was that they had given some gold and silver to the defendant Lehriram from time to time for making certain ornaments for the plaintiff as evidenced by their Khatas Ex. P. 1 and P. 2. THE defendant, however, failed to return 3/4 Mohar and 2 Rattis of gold and 109 Tolas of silver to the plaintiffs and put them off from time to time and eventually they filed the present suit for a sum of Rs. 83/- being the price of the outstanding gold and Rs. 204/- of silver. THE defendant admitted to have received gold from the plaintiffs for making certain ornaments but contended that he had accounted for the entire gold received from the plaintiffs wheres the latter had given short credit to him after deducting "ravatri" (a sort of allowance for alloy) which they were not justified in doing according to custom. As regards silver, the defendant entirely repudiated having received it but alternatively pleaded that in case the plaintiffs were successful in establishing their claim against him, he had made certain silver ornament out of it and that some silver along with making charges was due to the defendant from the plaintiffs'.

(3.) IN Sadhu Saran Rai vs. Barhamdeo Lall (7), the Patna High Court held that: - "there is no provision of law authorising the assessment of additional court-fee by reason of the accrual of interest Pendente lite, and that the plaintiff was rightly called upon to pay only the amount claimed in the plaint. "