RAM NATH Vs. MANNU LAL

JUDGEMENT

(1.) After hearing the learned Counsel in this case we are of opinion that this appeal should be allowed and that the order of the First Court should restored.

(2.) The suit was brought by the plaintiffs-respondents to recover a certain sum of money alleged to be due in respect of a contract which was entered into on the 12 September 1918, for the delivery by the 18 November of that year of a bale of dhotis at a certain rate.

(3.) The date fixed for payment was the 27 of November 1918. It is not denied that the goods were delivered to the defendant on the date in question and it is also not denied that the price was not paid on the date fixed for payment.