- (1.) THE plaintiff instituted this suit against four defendants. The first defendant is the firm. The second and the third defendants are two partners. The fourth defendant is also impleaded as a partner of the firm.
(2.) THE plaintiff's cause of action is in respect of goods sold and delivered. The plaintiff's case is that there was a contract between the plaintiff and the defendant No. 1 for supply of a Single Speed Drum Pikrose Electric Hoist. The plaintiff dispatched the goods to the colliery of the defendant firm. The defendant No. 4 is alleged to have represented himself as a partner and also to have requested the plaintiff to release the documents relating to the said goods without payment in full on an undertaking to pay the plaintiff's dues by 7 June 1961. The contract was on 20 April 1961. It may be slated here that the contract stipulated that the railway receipt and the bill would be sent to the defendant firm through the United Commercial Bank and payment was to be made in full against the railway receipt.
(3.) THE plaintiff alleges that pursuant to the request of the defendant No. 4 the plaintiff instructed the bankers to deliver the documents on receipt of a cheque for Rs. 7,250/- which represented one-half of the price. The plaintiff claims the balance sum of Rs. 7,185. 82 paise after giving credit for Rs. 7,250/-against the total price of Rs. 14,435. 82 paise.;