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 took a further loan of Rs. 700 for the purpose of Jamnadas Radhakisan shop and it would appear that in respect of certain purchases of ghee and grass an amount of Rs. 13 was debited in the plaintiffs account against the shop of Jamnadas Radhakisan on 13th June 1926. It would seem that the plaintiff factory also purchased from time to time certain clothe from the defendants cloth shop, totalling an amount of Rs. 579 and odd inclusive of interest. Some time in 1927 Jumnadas, the father of defendant No. 1 along with his two sons Vithal and Damodar (Defendant No. 1.) filed Special Suit No. 853 of 1927 against the managing partner Radhakisan Jankidas and his two sons Bhagirath and Gangadhar for dissolution of the two shops belonging to them and a preliminary decree was passed in that suit declaring that the partnership was dissolved as from 1st October 1927. On 7th November 1927, on the application of the plaintiff Jamnadas and with the consent of the defendants in that suit, Jamnadas Jugalkishore was appointed a receiver of both the cloth shops belonging to the defendants and it would appear that very wide powers were conferred on the receiver under O. 40, Rule 1, of the Civil Procedure Code. On the 22nd March 1929, the receiver made up an account of the advances together with the interest due to the plaintiff and after deducting the price of the cloth purchased by the plaintiff from the defendants cloth shop, and paying an amount of Rs. 1,085 towards plaintiffs dues on that day, a balance of Rs. 5,500 was found due to the plaintiff and the receiver executed a pro-note in favour of the plaintiff on the same day and that pro-note is Exhibit 57. Then on 21st February 1932, accounts were again made and an amount of Rs. 225-15-0 seems to have been paid to the plaintiff on that day and for the balance of Rs. 6,900 a pro-note in favour of the plaintiff was duly executed by the receiver Jamnadas and that pro-note is Exhibit 58. On 19th January 1935, accounts were taken again, an amount of Rs. 257-5-9 was paid and for the balance of Rs. 8,775 the receiver executed a fresh pro-note in favour of the plaintiff on that day and that pro-note is Exhibit 59. Then again, on 2nd January 1938 accounts were made by the receiver in respect of dues of the plaintiff and an amount of Rs. 324-1-3 was paid on that day and a fresh pro-note came to be executed which is Exhibit 60. It would appear that the payment of Rs. 324-12-3 was endorsed on the previous pro-note (Exhibit 59). On 21s December 1940, accounts were again made between the plaintiff and the receiver and, on the same day, a promissory note was passed by the receiver in favour of the plaintiff in respect of the dues found payable to the plaintiff totalling an amount of Rs. 13,936-12-0 and that pro-note is Exhibit 65.

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