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M. PATANJALI SASTRI, S. R. DASS, H. J. KANIA
Pannalal Jankidas – Appellant
Versus
Mohanlal – Respondent
Judgment
Kania, C.J.I.(On behalf of himself and Das J.)-This is an appeal from a judgment of the H. C. at Bombay. Although the record is heavy & many points were argued in the trial Ct. & in the Ct. of appeal at Bombay, the important point argued before us in only one.
2. The applts. (pltfs.) area firm of commission agents in Bombay. The resps. (defts.) were their constituents. Accounts between the parties in respect of their dealings were made up & settled upto 30-10-1943. Piecegoods & yarn continued to be purchased & consigned by the pltfs. to the defts. joint family firm thereafter. One bale of piecegoods was purchased & despatched in Nov. 1943. In Jan. 1944 restrictions were imposed against the consignment of piecegoods and/or yarn outside Bombay by rail without obtaining the necessary previous permit from the Textile Commr. at Bombay. On or about 6-2-1944 Mohanlal of the defts joint family firm came to Bombay & the plfts. purchased on their behalf 278 bales of piecegoods. Ninety-four out of those were desptached according to the defts. instructions. The plfts. according to the defts. instructions, applied for & obtained permit to consign several more bales. On the permits b
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