NIRMALJEET SINGH AND ANOTHER Vs. KAHNA MAL MANGAT RAM AND ANOTHER
LAWS(P&H)-2016-3-439
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 30,2016

Nirmaljeet Singh And Another Appellant
VERSUS
Kahna Mal Mangat Ram And Another Respondents

JUDGEMENT

- (1.) Present regular second appeal against concurrent findings of facts having been recorded by both the Courts below in a suit for recovery, filed by the plaintiffs, on the basis of entries in the books of accounts.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts for the purpose of decision of the present appeal that plaintiffs had filed a suit for recovery of Rs. 8,25,000/- on the ground that plaintiff No.1 firm is carrying on the business of commission agent at Faridkot. The defendants used to sell their agricultural crop through the commission agency shop of the plaintiffs and were having running account with them. Defendant No.1 authorized defendants No.2 & 3 to deal with the plaintiffs on his behalf and directed the plaintiffs to allow defendants No.2 & 3 to enter into transaction and to borrow the amount on his behalf. Defendants borrowed various amounts from the plaintiffs on different dates as detailed in para No.6 of the plaint w.e.f. 24.5.2000 to 29.9.2000. Defendants agreed to repay the amount along with interest at the rate of 2% per month on the borrowed amount. But they failed to pay the same despite demand through notice and as such suit for recovery before the Court of first instance.;


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