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1972 Supreme(Bom) 98

B.A.MASODKAR
Sanjay Cotton Co. – Appellant
Versus
Omprakash Shioprakash and Anr – Respondent


JUDGMENT - 1. This revision is filed by the original defendant No.1 in a suit filed by one M/s. Omprakash Shioprakash, now pending in the Court of Civil Judge Senior Division Akola. It appears that the said plaintiff is seeking recovery of an amount of Rs. 13,489.82 on the allegation that the plaintiff had dealings with defendant No.1 and another defendant No.2 and the amount due is recoverable. He pleads as agreement that defendant No.1 was to clear off the liability of defendant No.2 and inter se between the parties, defendant No.1 was to recover the amount from defendant No.2 and pay the plaintiff. Thus, it appears that between defendants also some agreement is pleaded by the plaintiff. The facts are not very material for the purpose of decision of this revision.

2. After the written statement was put in, in which defendant No.1 appears to have challenged the claim of the plaintiff on all counts, including the genuineness of the transaction, some documents were filed on behalf of the plaintiff. Those documents include some 10 vouchers. It appears that these documents were produced on 16-2-1972 and thereafter the case was fixed sometimes in July for evidence. One Kaluram was produ


















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