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1951 Supreme(Cal) 33

SINHA
PREMRAJ MUNDRA – Appellant
Versus
MD. MANECK GAZI – Respondent


Advocates Appeared:
M.Horra, P.Burman

SINHA, J.

( 1 ) THIS is an application under the provisions of Order 38, Rules 5 and 6, Civil P. C. , for an order that the defts do furnish security for the pltf. 's claim, and in default, the properties set out in the schedule annexed to the petition, belonging to the defts. , be attached before judgment. There is a further prayer for a Receiver, but this is not pressed.

( 2 ) THE suit is for goods sold and delivered by the pltf. to the defts. The sale is evidenced by a document described as a 'chalan' in the petition, the actual document being headed as a 'credit Memo. ' A copy of this document has been annexed to the petition. This 'credit Memo" states the name of the purchaser as Muhammad Maneck Gazi. It then gives the description of the goods, together with its rate and prices. It contains an endorsement at the bottom as follows: "we certify the above prices is/are correct and no overcharge has been made. " It is signed by the purchaser namely Maneck Gazi. The document also contains the salesman's signature. The petitioner states that the defts. made payments from time to time and returned a portion of the goods and there is now due a sum of Rs. 7,927-10-0 from the defts. w









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