JUDGMENT - Gadgil B.C., J.: - Defendant No. 1 in Civil Suit No. 229 of 1964 of the file of the Civil Judge, Junior Division, Gondia, has preferred this second appeal against the decree for money passed in that suit. The said decree has been confirmed by the Assistant Judge, Bhandara, in Civil Appeal No. 54

of 1966.

2. Defendant No.1 had been carrying on business at Gondia in the name of “Tijulal Radhakisan”. The plaintiffs case, in brief, is that defendant No.2 was the Munim i. e. the manager of defendant No.1 and he was managing the business of defendant No.1 at Gondia. In his capacity as such manager. he, on 1-12-1961, took Rs. 2500 for and on behalf of defendant No.1 as a hand loan and agreed to pay interest at 9 per cent per annum. Thereafter it is stated in the plaint that defendant No.2 had executed a receipt which is on record as Ex. 31. The plaintiff demanded the amount from the defendants. He sent a notice(Ex. 34) to defendant No.1 on 28-7-1964 calling upon him to pay the amount. Defendant No.1 gave a reply on 3.8-1964 contending that he had no transaction with the plaintiff. The plaintiff thereafter sent notice(Ex. 32) dated 8-8-1964 to defendant No.2 informing him that def

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