V TRIBHOVANDAS AND CO Vs. HASMUKHLAL JAYANTILAL
HIGH COURT OF GUJARAT
V.TRIBHOVANDAS AND COMPANY
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(1.) The suit from which this revision application arises was instituted in the Court of Small Causes at Ahmedabad by the plaintiffrespondent firm for recovering a sum of Rs. 679/with future interest and costs of the suit against the defendant-petitioner inter alia alleging that the defendant-firm had purchased goods worth Rs. 1344-78 nP. from the plaintiff-firm on or about 21st January 1959 and that after having appropriated the sum of Rs. 759/realised by sale of the goods sent by the defendant on 4th July 1959 towards its dues was obliged to file suit for the balance remaining due from the defendant-firm. In the plaint it was alleged that the amount for the cloth purchased by the defendant-firm was to be paid in Ahmedabad and the transaction was agreed to be subject to Ahmedabad jurisdiction.
(2.) The defendant-firm resisted the suit as per the contentions raised in its written statement Ex. 17. While admitting to have purchased the cloth from the plaintiff-firm it has stated that the goods were sent to the plaintiff-firm in full satisfaction of the amount due and thus therefore the plaintiffs claim was duly satisfied. The defendant-firm further denied that the Ahmedabad Court had jurisdiction to hear the suit inasmuch as the transaction had not taken place in Ahmedabad and that there was no agreement to make the payment of the amount due from it at Ahmedabad. Besides the defendant-firm contended that the suit was not maintainable and that the plaintiff-firm had no right to sue against the defendant.
(3.) The learned Judge of Small Causes Court found on a consideration of the evidence before him that the defendant has failed to prove that the goods were given to the plaintiff in full satisfaction of the plaintiffs dues; that after deducting the amount realised by sale of goods sent by defendant-firm Rs. 660/were in all due to the plaintiff; that the suit was maintainable in the name of the firm; that the Court has jurisdiction to try the suit as the payment was made in Ahmedabad; and in the result he passed a decree for the sum of Rs. 660/against the defendant together with interest on Rs. 600/at the rate of 4% from the date of the suit till payment and costs. The amount was made payable in monthly instalments of Rs. 50/commencing from 10th March 1962 and in default of payment of any two instalments the plaintiff was entitled to recover the whole of the balance then due at once. Feeling dissatisfied with that judgment and decree passed on 2-2-1962 by Mr. A. M. T. Waqif Judge Small Causes Court at Ahmedabad the defendant-firm has come in revision.;
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