Judgment

MUDHOLKAR, J. : This is an appeal by a certificate granted by the High Court of Andhra Pradesh under Art. 133 (1) (a) of the Constitution.

2. The relevant facts are these :

3. The plaintiff-respondent Ramaswamy and Co. who carry on business in tobacco at Guntur instituted a suit against the appellant-firm which also carries on similar business at that place and its alleged partners Kurapati Venkata Mallayya and Mittapalli Abbayya, for the recovery of the price of 112 bales of DB tobacco strips (hereafter referred to as DB strips), sold to them on June 5, 1946, amounting to Rs. 14,095/- and interest thereon from the date of purchase to the date suit. In addition, the respondent firm claimed interest from the date of suit to the date of realization. It is the respondent firm s case that the tobacco weighed 28,196 pounds and that the appellant firm purchased it by agreeing to pay its price at 8 annas per pound. Further according to the respondent-firm the appellant firm agreed to pay interest on the amount at 9 per cent per annum. The appellant-firm denied having purchased 112 bales of tobacco from the respondent-firm and denied also having agreed to pay its price at 8 annas per