GUNNAJI BHAVAJI Vs. MAKANJI KHUSHALCHAND

JUDGEMENT

(1.) This case raises an important point of practice.

(2.) The suit was filed by the plaintiff's firm against the defendants for a sum of over Rs. 6,000 on the usual commission agency account in respect of spices and grain and the suit was admitted on the 15 October, 1907. Para 4 of the plaint relies upon an adjustment dated the 18 September 1899, (obviously, therefore, the plaintiff is barred) whereupon a sum of over Rs. 8,000 was found due to the plaintiff. The para goes on: Thereafter plaintiffs received from time to time various sums aggregating to Rs. 4,101 from the defendants. The last of such payments was made on or about Magsar Vad 13 Samvat 1961, Marwari, (5 December 1895). Copy of the writing passed on making this payment is hereto annexed and marked B.

(3.) Now I have read Ex. B to the plaint; and that runs as follows:- Release 1 one to Sha Gunnaji Bhawaji of Bombay written by Bhai Bamchand Khooshal of Goregaum I give this in writing that I had a share in your shop of annas 2, in word annas two, from Samvat 1956 Ashad Sud 8 up to Samvat 1958 Kartak Vad 30 according to the Marwari Calendar. That share I am taking from you in a lump sum, viz. Bs. 601 (six hundred and one) and that I admit and consent to. I have now no interest in your shop. I am now releasing this my share of my own freewill. This release is given by me of my freewill and pleasure and when in sound understanding and it is agreed to by me. Dated Samvat 1961, Magasar Vad 13th, Marwari Date.