T ENAYTULLA SAHIB Vs. JNROY AND CO

JUDGEMENT

(1.) This is a suit by the plaintiff to recover Rs. 2,550 with costs and further interest claimed in respect of wool sold to the defendant's firm, J. N. Roy & Co. The case of the plaintiff is that one J. N. Roy carried on business as a partner of the firm. Summons was served on the firm and also on J. N. Roy personally. The firm is ex parte. J. N. Roy filed a written statement stating that he ceased to he a partner of the firm on 13 July 1921, that he was not a partner of the firm at the date of the transaction mentioned in the plaint, that he knew nothing about it and that he is not liable.

(2.) The following issues were settled: 1. Is J. N. Roy not liable in the suit contract, for the reasons stated in the written statement? 2. To what relief is the plaintiff entitled?

(3.) So far as the claim against the firm is concerned it is clearly proved by the evidence of the plaintiff that the wool was sent to the defendant firm at the request of the defendants, that Rs. 1,000 was paid by the defendant company, that they promised to pay the balance but have not paid. Interest is claimed from the date of plaint and the plaintiff is clearly entitled to interest.