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1965 Supreme(SC) 5

J.C.SHAH, S.M.SIKRI, M.HIDAYATULLAH, J.R.MUDHOLKAR, K.N.WANCHOO
Chittannal – Appellant
Versus
Shah Pannalal Chandulal – Respondent


Advocates:
I.M.SHROFF, M.C.SETALVAD, Mukat Behari Lal Bhargava, NAUNIT LAL, ZALIM SINGH MIRATVAL

Judgment

SHAH, J. : The petitioner applies for special leave to appeal under Art. 136 of the Constitution, against the judgment of the High Court of Rajasthan, dated December 16, 1963 in Civil First Appeal No. 54 of 1956 on two grounds:

1. that the judgment of the High Court involves a claim or question respecting property of not less than Rs. 20,000 in value, and the High Court erred in refusing a certificate under Art. 133(1)(b) of the Constitution; and

2. that the case is otherwise fit for appeal to the SC.

2A The material facts bearing on the plea raised are these. The petitioner commenced on July 2, 1951 in the Court of the Subordinate Judge, First Class, Ajmer, an action against the respondents claiming a decree for Rs.10,665 and for rendition of accounts in respect of the balance of sale proceeds of 104 bales of cotton purchased by him were sold by the respondents as his agents on May 14, 1948 for Rs. 27,267-13-6 and without settling the account the respondents delivered towards that amount a demand draft for Rs. 11,000 which was encashed and four cheques of the aggregate value of Rs. 13,000 which because of lack of arrangement with the respondents bankers were not encashed, and








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