LAKSHMAN PRASAD Vs. GHASI RAM AND OTHERS
LAWS(ALL)-1965-2-26
HIGH COURT OF ALLAHABAD
Decided on February 24,1965

LAKSHMAN PRASAD Appellant
VERSUS
GHASI RAM Respondents




JUDGEMENT

- (1.)THIS is a plaintiffs second appeal and arises out of a suit filed by him to recover a sum of Rs. 527-13-9 as price of cloth alleged to have been purchased by the respondents and interest thereon.
(2.)THE plaint allegations were that the plaintiff appellant carried on business in cloth and the defendant-respondents, who were members of a joint Hindu family, purchased cloth from the plaintiff. It was also alleged that the defendants dealt in readymade garments and they supplied the same to the plaintiff for sale on commission basis. The amount claimed by the plaintiff comprised the following items :- 1. Rs. 247-12-0 as principal. 2. Rs. 230-15-3 as interest.
Rs. 49-4-6 as commission. 3. The defence, in the main, was that there was no agreement regarding the payment of interest, that certain items sought to be claimed were barred by the law of limitation. According to the defence, a sum of Rs. 7 only was due to the plaintiff.

(3.)THE learned Munsif repelled the pleas put forward on behalf of the respondents and decreed the suit. He held that the article of the Limitation Act applicable to the case was 85 and the whole of the amount claimed was within the prescribed period of limitation. The defendants preferred an appeal against the aforesaid decision and the learned District Judge who heard the appeal held that there was no mutual, open and current account between the parties and that the article of the Limitation Act applicable to the case was 52. The learned District Judge passed a decree for a sum of Rs. 366-0-6 only. Aggrieved by the aforesaid decision the plaintiff has preferred this appeal.
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