SAREMAL PUNAMCHAND Vs. KAPURCHAND PUNAMCHAND

JUDGEMENT

(1.) This is a suit to recover Rs. 6,000 lent and advanced by the plaintiff to the defendants.

(2.) The plaint states that on May 23, 1920, the plaintiff advanced to the defendants, who then carried on business in partnership, Rs. 6,000 at interest at the rate of six per cent, per annum, but that the loan has not been repaid. The first defendant appeared in person and denied the loan. The second defendant filed his written statement. He admits the partnership, but denies all knowledge of the loan, and contends that if it be proved that the loan was made, he is not liable for it as no loan was necessary or usual in the business of the kind carried on by the firm.

(3.) At the trial of the suit the following issues were raised: (1) Whether the plaintiff advanced Rs. 6,000 to the firm of Kapurchand Sheshmal on May 23, 1920, as alleged in para 3 of the plaint? (2) Whether the second defendant is liable for the loan or any part thereof.