SUKDEVDOSS RAMPRASAD Vs. GOVINDOSS CHATHURBHUJADOSS AND CO

JUDGEMENT

(1.) This is an appeal against a decree of the High Court of Judicature at Madras, dated April 29, 1925, varying a decree of the same Court on the Original Side made by Mr. Justice Coutts-Trotter on October 4, 1923.

(2.) In the original suit the plaintiffs (the present appellants) claimed the sum of Rs. 65,255, the price of goods sold and delivered by the appellants to the respondents.

(3.) In answer to this claim, the respondents pleaded as follows : The plaintiffs, defendants and certain other merchants formed a group, and it was agreed by and between the merchants of the group that the transactions had among them should take place on the footing that no deliveries should be intended or asked for, that pitta pattis or delivery orders should be issued to the respective purchasers, that after the delivery orders were sent round and the same ultimately reached the hands of the original vendors, the patta pattis should be exchanged and Havala Chita issued, that accounts should be taken thereafter on the footing of the exchange of patta paltit or delivery orders, and that the respective vendors should bo entitled to the difference in prices from the respective purchasers.