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1953 Supreme(Cal) 66

K.C.DAS GUPTA, RENUPADA MUKHERJEE
MAHADEODAS – Appellant
Versus
GHERULAL PARAKH – Respondent


Advocates Appeared:
KUMUD BONDHU BAGCHI, LALA HEMANTA KUMAR, PRAMATHA NATH MITRA, Sudhir Kumar Dutta

K. C. DAS GUPTA, J.

( 1 ) THE appellants Mahadeodas Maiya and his four sons are members of a joint Mitakshara family carrying on business under the name of Mahadeodas Surajmall at Darjeeling. The respondents are members of another joint Mitakshara Hindu family. They are Gherulal Parakh and his three minor sons. They carry on business at Darjeeling under the name and style of Ramlal Gherulal. The appellants brought the present action for recovery of Rs. 5300 as due from the respondents on account of two enterprises carried on by appellants and respondents as partners. Both these were for "forward contracts for purchase and sale of wheat". In one altogether 32 forward contracts were said to have been made between the partnership and the firm of Mulchand Guljari-mal, merchants of Hapur. The document on which the offer for the partnership was first made has been marked Ex. 6 (c), There was a previous suit by the appellants against the respondents on a claim over dues on account of the losses incurred in those transactions. A decree was passed in that suit in the terms of an award of arbitrators to whom the dispute had been referred. The further claim in connection with the same enterp












































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