NAND LAL Vs. POORAN

JUDGEMENT

(1.) These are two revisions by the plaintiffs Nandlal and another against the judgments of the Civil Judge, Retangarh dated 18-12-1951, in two suits for the recovery of price of certain cloth sold. The suits were decided by the learned Judge as email cause' court suits. As they raise identical questions of law going to the very root of the trial in either case, I propose to decide, them by a single judgment.

(2.) The plaintiffs are dealers in cloth and carry on business at Sujangarh. The defendants were hawkers and also dealt in cloth. The plaintiffs' case was that the defendants purchased certain cloth from the former and failed to pay the price thereof. The plaintiffs, therefore, filed a suit against Puran for a sum of Rs. 200/including a sum of Rs. 44/1/- as interest -- the rest being the price of the goods sold -- and against Chandra for a sum of Rs. 125/- out of which she price of goods sold was Rs. 97/1/3 and interest Rs. 27-14-9; The defendant in either case completely denied the plaintiffs' suit and pleaded that he had no dealings whatsoever with the plaintiffs. The learned Civil Judge held that the plaintiffs had failed to prove the suit transactions and, therefore, dismissed both suits. These revisions have been, filed from the aforesaid judgments.

(3.) Learned counsel, for the petitioners has raised a number of grounds before this Court I do not consider it necessary however, to deal with all of them as the cases can be satisfactorily disposed of on certain legal grounds with which I propose to deal immediately, as those grounds go to the root of the trial.