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B. P. SINHA, P. B. GAJENDRAGADKAR, RAGHUBAR DAYAL
Radhakrishna Sivadutta Rai – Appellant
Versus
Tayeballi Dawoodbhai – Respondent
Judgment
GAJENDRAGADKAR, J. : This appeal by a certificate granted by the Calcutta High Court arises out of a suit filed by the three appellants against the respondent to recover Rs. 83,640/-. The three appellants are respectively the Firm Radhakishan Shivdutt Rai which carries on business at Banaras and Ramkumar Lal for himself and as karta of his joint family as well as Madan Gopal for himself and as karta of his joint family, the latter two being the partners in the first-mentioned Firm Radhakishan Shivdutt Rai; for convenience we will refer to the partnership firm hereafter as the appellant. The respondent Tayabali Dawoodbhai is a partnership firm which carries on business at Calcutta. The appellant s case was that the appellant and the respondent had entered into a contract in the first instance on December 18, 1950 through brokers named T. N. Mehrotra & Co., Calcutta. This contract was later confirmed by two letters written respectively on January 3 and 15, 1951 by the appellant to the respondent and replied to by the respondent. By this contract the respondent agreed to sell 1000 bales of Banaras Hemp particulars of which were set out in the plaint. According to the appellant
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