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1998 Supreme(Del) 192

B.GOEL
ALLORA ELECTRIC AND CABLE COMPANY – Appellant
Versus
SHIV CHARAN AND BROTHERS – Respondent


Advocates Appeared:
A.S.CHANDHIOK, G.N.AGGARWAL, NILAM RATHORE

J. B. Goel, J.

( 1 ) PLAINTIFF, a partnership firm has filed the present suit against the defendants for recovery of Rs. 6,33,210. 95, comprising of balance price of the goods, interest @ 12% per annum and amount on account of sales-tax in lieu of sales tax forms not issued. Defendant No. 1 is partnership firm and defendants 2 and 3 are its partners.

( 2 ) THE case of the plaintiff is that the plaintiff is carrying on business of manufacturing and sale of plastic pipes; formerly under partnership deed dated 7. 6. 1961 by two persons, namely, Shri Yoginder Nath and his brother Shri Mahinder Nath. Subsequently, with effect from 1. 4. 1965, two more partners, namely, Narinder Nath and Virendra Nath and Shri Vijesh Kumar, then the minor was admitted to the benefits of the partnership; Vijesh Kumar attained majority in the year 1973 and then partnership deed dated 10. 5. 1973 was executed amongst the aforesaid five partners. The partnership firm is duly registered under the Partnership Act. Defendants have been purchasing plastic pipes from the plaintiff on credit since 1963. Against the purchases payments on account were being made and after adjusting the payments, balance amount remai


























































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