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1959 Supreme(AP) 15

SYED QUAMAR HASAN
V. G. Sarma – Appellant
Versus
Friends – Respondent


QAMAR HASAN, J.

( 1 ) 1. Defendants 1 to 3 appeal and the appeal is directed against the order dated 18-2-1955 of the Subordinate Judge, Eluru by which he reversed the order of the District Munsif of the same place rejecting the plaint, and remanded the case to the Trial Court for trial and disposal on merits.

( 2 ) THE relief sought in the plaint was for rendition of accounts. It was stated therein that defendants 2 to 4 constituted themselves into a partnership and traded under the name and style of V. G. Sarma and Co. , the 1st defendant. On 27-11-1948, the 1st defendant and the plaintiff entered into an agreement under which the 1st defendant constituted the plaintiff a stockiest of the products of Techno Chemical Industries Ltd. , for a period of two years terminable by giving certain kind of notices on either side during and after the said period. As a sole distributor the 1st defendant undertook to execute all orders of the plaintiff at their expense and give commission to the plaintiff at certain rates viz. , 3 per cent on soap, 5 per cent on oils and 10 per cent on inks on invoice prices and pay discount on goods supplied direct by the sole distributor to any partners in W





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