HANUMAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition, challenging the order of respondent No. 3. Tehsildar Anopgarh, who has issued a warrant of attachment of the petitioner's property for recovery of Rs. 1,10,408.60 as the amount said to be due from the sale of the fertilizers on behalf of Panchayat Samiti by the firm Saligram Rameshwardass.

(2.) THE petitioner was a partner of the firm Saligram Rameshwardass along with three others. The firm was registered in 1953, 54. The State of Rajasthan, Agriculture Department framed a scheme for distribution of fertilizers to the agriculturists and for this purpose the petitioner firm entered into an agreement with the Agriculture Department (Ex. R/8) by which it agreed to work as fertilizer dealer of the Agriculture Department of the conditions mentioned therein. The agreement required the petitioner to sell the fertilizer, provided by the Department to the agriculturists either on cash or credit and also to maintain the accounts of the various transactions. It also, required the firm to deposit cash sale proceeds in Government treasury every week.

(3.) THE first contention of the counsel for the petitioner Mr. Singhvi is that as the firm has been dissolved by the death of one of the partners in 1957 the recovery against the firm could not be made from the petitioner as one of the member of the firm. The plea is without merit because inspire of the death of one of the partners the petitioner admittedly continued to deal with the Panchayat Samiti and received the fertilizer on its account and it is now too late in the day for him to take the plea that the firm had ceased to deal with the Panchayat Samiti or that he is not personally liable for it.