SURAJMAL Vs. DOONGARMAL

JUDGEMENT

(1.) THIS is a first appeal by the defendants Suraj -mal and others against the judgment and decree of the Civil Judge Merta dated 26 -10 -1953, by which he decreed the plaintiff's suit with costs and future interest.

(2.) THE facts leading up to this appeal may shortly be stated as follows. The plaintiffs Doon -garmal, Chunnilal and Vasudep, and defendants Nos. 4 to 7 Laxminarain, Lalchand, Bhanwarilal and Madanlal carried on business as commission agents for the sale and purchase of cotton at Gulab -pura and Bhilwara under the name and style of Chunnilal Chandanmal.

(3.) DEFENDANTS Nos. 4 to 7 did not file any written statement and allowed the suit to proceed without appearing in spite of notice. The remaining defendants contested the suit, and filed a single Jawabdava. They raised all possible pleas. They contended that the firm Chunnilal Chandanmal was not constituted as alleged by the plaintiffs, but that its proprietors were only two in number : one being Jeewanmal son of Shivchand Rai (This Jeewan Mal is the brother of plaintiff No. 1 Doongarmal) and the other partner being Surajmal son of Jagan -nath and that they had no knowledge whatsoever that the plaintiffs' Nos. 1 to 3 and defendants Nos. 4 to 7 were at all partners of the firm Chunnilal Chandanmal or that they ever did business in that name.