- (1.) This is a defendants' appeal by certificate. It arises out of a suit filed by the plaintiff-respondent in the Court of the Civil Judge, Belgaum in the State of Karnataka for recovery of Rs. 90,000/- the balance of the price of 630 bags of tobacco supplied by it to the defendants. The suit was decreed by the trial Court and finally the decree has been affirmed by the Karnataka High Court.
(2.) The plaintiff is a Registered Partnership firm carrying on business at Nipani, District Belgaum. Defendant No. 1 is the father of defendants 2 to 4. They also carry on a partnership business under the same and style of Haji Mohammed Isaq Mohammed Gulam Saheb. They manufacture Bidi in their factory known as the Modrn Bidi factory and have their Head Office in Katni in the State of Madhya Pradesh. The case of the plaintiff in the plaint was a simple one. It despatched by Railway 630 bags of tobacco between the 11th and 21st January, 1952 from Nipani to Katni,. The consignor in all the Railway Receipts except one was on Shri G. K. Manavi and in one Railway Receipt of 129 bags the consignor was the plaintiff firm. The consignees were self. The Railway Receipts were endorsed to the defendants' firm by the consignors. Shri Babalal, one of the partners of the plaintiff firm, went personally to Katni, with the Bijak No. 12 dated 12-1-1952 and handed over two Railway Receipts and the Bijak for the total amount of Rs. 1,21,154-12-9 to the defendants. The other Railway Receipts were sent by the plaintiff to the defendants by Registered post. The goods were accepted by the defendants. On demands being made from them from time to time for payment of the price, the defendants paid Rs. 20,000/- by four cheques of Rs. 5,000/- each. Later they gave ten more cheques of Rs. 49,000/- out of which, five cheques of the amount of Rs. 25,000/- were honoured but the rest of the cheques for Rs. 24,000/- were dishonoured. Small sums were paid by the defendants in cash. The balance of the price which remained due from them was Rs. 75, 477-12-9. Adding interest to the said amount, the total amount came to Rs. 90,102-12-9. The claim in the suit was for the round figure of Rs. 90,000/- remitting Rs. 102-12-9. In para. 5 of the plaint, however, it was mentioned: "The Defendants are old customers of one Shri Abdul Rahim Nabisaheb Bagwan. He prevailed upon the plaintiff to supply the tobacco to the Defendants and also said that he would see that the Defendants duly paid for the same. To some extent he has helped the plaintiff in the recovery of their dues from Defendants."
(3.) In the main, the pleas set up by the defendants in their written statement were that there was no privity of contract between them and the plaintiff; they had placed orders for the supply of 630 bags of tobacco with Shri Abdul Rahim Nabisaheb Bagwan and he had handed over a Bijak, and not the plaintiff for the amount of Rs. 1,21,154-12-9. The cheques numbering 14 in all were drawn in the name of Rahim and were handed over to him. Payment on account of the slack season was stopped in regard to the cheques amounting to Rs. 24,000/-. The plaintiff's allegation that Babalal, one of its partners had come to Katni and handed over certain Railway Receipts and the Bijak, was denied. A vague statement in para. 3 of the written statement was "The amount in respect of the said Bijak has been paid to Abdul Rahim Nabisaheb Bagwan." No details as to the dates, manner or amounts of payments of the balance of the amount to Ramin were mentioned in the written statement.;