JUDGMENT - (1) This is an appeal by the plaintiff Chaturbhuj Durgadas Factory at Dharangaon against the dismissal of its suit by the Court of the Civil Judge, Senior Division, at Jalgaon, District East Khandesh. The suit was for recovering Rs. 25,000 and costs from defendant No. 1 and defendants No. 2 to 5 in respect of certain dealings between the plaintiff and a cloth shop named Jamnadas Radhakisan Shop, which according to the plaintiff was of the ownership of the deceased father of defendant No. 1 Jamnadas Jugaikishore, of defendant No. 1 Damodar and of Vithaldas Jamnadas, the deceased brother of defendant No. 1, and of defendants Nos. 2 to 5. There was another cloth shop belonging to the defendants and that was named Bhagirath Gangadhar, but we are not concerned in this case with latter shop. The original partners of Jamnadas Radhakisan were Jamnadas Jugalkishore, father of defendant No.1, Radhakisan Jankidas, the father of defendants No. 3 to 5, and it would appear that this shop was being managed by Radhakisan Junkidas and as managing partner he borrowed from the plaintiff Rs. 5,000 and passed a pro-note for that amount on 18th December 1925. On 25th February 1926, Radhakisan

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