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1959 Supreme(Bom) 123

S.P.KOTVAL, V.B.RAJU
Shriram Sardarmal Didwani – Appellant
Versus
Gourishankar alias Rameshwar Joharmal – Respondent


JUDGMENT - 1. This is an appeal by the original Plaintiff Shriram Sardarmal Didwani, against the judgment and decree of the Additional District judge, Khamgaon, in Civil Suit No. 16-B of 1952, dismissing with costs his suit against the Defendant Gourishankar for the recovery of the principal amount of Rs. 9,368-2-3, together with interest amounting to Rs. 2,051-1-0. In the plaint it was alleged that the Plaintiff and his brothers Satyanarayan and Ratanlal, who are sons of one Surajmal, formed a joint Hindu family, that the Plaintiff Shriram who is the manager of this joints Hindu family, has filed the suit as manager and that the plaintiff had been adopted by the brother of Surajmal. In the plaint it is also alleged that this joint Hindu family was carrying on business in the name of the firm "Gangaram Premsukh" at Khamgaon and that the Defendants family was carrying on business in the name of "Mitanandji Joharmal shop at Fattekhedi. The Defendant was adopted into the family of Mitanandji in 1938. There were dealings between the plaintiffs shop and the Defendants shop for several years before 1938. Accounts between the parties were checked in Diwali 1948 A.D. when Rs. 1,630-7-0 wer




























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