JUDGMENT

M. FAZL ALI, J.:— Civil Appeal No. 707 is the plaintiff s appeal by certificate granted by the Allahabad High Court against its judgment and decree passed in First Appeal No. 252 of 1963, dated July 10, 1962 (sic). The defendants-respondents have also filed their Appeal No. 708/68 for recovery of Rs. 10,000/- from the plaintiff.

2. The plaintiff had brought a suit in the Court of the First Civil Judge, Kanpur for recovery of Rs. 39,956/5/- from the defendants on account of three main items. The plaintiff s case was that he was carrying on wholesale cloth business at Kanpur in the name and style of Anant Ram Madan Gopal. The defendants firm was also carrying on cloth business at Kanpur and the defendants firm was known as Mamraj Maniram. The plaintiff s case further was that apart from certain business dealings, the defendant firm used to borrow monies from the plaintiff on various occasions and used to purchase cloth from the plaintiff on credit. Similarly the plaintiff also purchased the cloth from the defendants firm and used to send bales of cloth to the defendants firm for retail sale. Badri Prasad one of the partners of the defendants firm was a close friend of th