DAMRI CHOUDHRY Vs. NATHUNI MIA

JUDGEMENT

(1.) This is an application under Section 25, Provincial Small Cause Courts Act, on behalf of the plaintiffs in the suit. The suit was for the recovery of a sum of money on the basis of a bahi khata account.

(2.) The plaintiffs case was that the defendants who are father and three sons, carried on business jointly with the plaintiffs and at the end of the year 1336 a sum of Rs. 3-5-0, was found due and that in 1337 in the month of Pus articles were purchased by the defendants from the plaintiffs shop of the value of Rupees 183-4-0. The total claim was for Rs. 189-5-0, besides interest at 18 per cent per annum. The defendants denied the plaintiffs claim. They alleged that they had got no firm known as Nathuni Mia Nabi Mian in which name the account in the plaintiffs book stood and that they did not carry on any transaction with the plaintiffs. Their allegation in the written statement was that a false suit had been brought by the plaintiffs out of grudge.

(3.) At the trial Ramdeo Choudhary, one of the members of the plaintiffs firm, gave his evidence. He proved that the defendants have got a shop at Tulin and that the transaction between the plaintiffs firm and the defendants used to be entered in the books which were produced and proved to have been written by the witness himself; they were marked as Exs. 1 and 2.