CHHOGALAL Vs. KANAYALAL

JUDGEMENT

(1.) THIS is an appeal by Chhogalal and two others against the judgment and decree of the Senior Civil Judge, Udaipur, by which he dismissed the suit brought by the plaintiffs-appellants against Nen-chand, now dead, and two others.

(2.) THE case of the plaintiffs was briefly this. The defendants were the owners of a joint Hindu family firm Shivlal Nenchand, which had a branch in Charbhuja Road. The plaintiffs were the owners of another joint Hindu family firm known as chhogalal Sohanlal of which Chhogalal was the Karta. There were dealings between the two firms and in that connection the defendants gave an account signed by them on Sawan Sudi 10 Section 2005. In that account the defendants showed that a sum of Rs. 9,900/- was due from them to the plaintiffs. This account bore the signature of Kanhaiyalal, defendant No. 2 and the plaintiffs the suit on the basis of this account and claimed interest at 6 per cent per annum, thus claiming in all Rs. 11,397.

(3.) THE suit was resisted by the defendants and a number of pleas were taken on which seven issues were framed. In the present appeal however only two issues have been urged before us on behalf of the parties and we shall therefore confine ourselves to these two issues only viz. :