ANUPCHAND DEEPCHAND Vs. NIMBAJI MAROTRAO WASNIKAR

JUDGEMENT

(1.) THIS order shall also govern civil Revision No. 334 of 1948.

(2.) TWO questions were argued in this revision. They are: (1) whether the plaintiff Nimbaji, one Fakira Mate and one Babulal Rekhi constituted a partnership; and (2) whether the suit was barred by limitation.

(3.) POINT No. (2): As regards point No. (2) the claim of the plaintiff was: Defendant 2, had agreed with the plaintiff, one Fakira Mate and one Babulal Rekhi that the plaintiff and the said persons should supervise the work of raising, sorting, carting and stacking of manganese ore-from the Ramdongri Mines of Ramchandra Jivraj Poddar etc. In reply to this statement the defendant said: it is admitted that defendant 2 had agreed with the plaintiff, Fakira Mate and Babulal Bekhi that the plaintiff, Fakira and Babulal Rekhi would supervise the work of raising, sorting, carting and stacking of. manganese are from the Ramdongri Mines of Ramehandra Poddar etc. Both the parties are thus agreed that the plaintiff Nimbaji, Fakira Mate and Babulal Rekhi were to do the work of supervision and not of digging, raising, sorting, carting, and stacking of manganese ore personally.