A.R.BAKSHI, P.N.BHAGWATI
UNITED INDUSTRIES – Appellant
Versus
DALWADI and COMPANY – Respondent
( 1 ) THIS revision application is directed against an order passed by the City Civil Court Ahmedabad granting leave to defend the suit on condition of depositing Rs. 4000/on or before 25th March 1965. The suit was filed by the plaintiffs against the defendants to recover a sum of Rs. 6 377. 66 p. being the balance of the price in respect of bricks sold and delivered by the plaintiffs to the defendants together with interest at nine per cent per annum. Defendants Nos. 2 to 5 were admittedly partners of the first defendant at the relevant time when the bricks are alleged to have been sold and delivered by the plaintiffs but it was the case of the defendants in the affidavits in reply that the first defendant was dissolved prior to the filing of the suit. The plaintiffs alleged that diverse quantities of bricks were sold and delivered by the plaintiffs to the defendants from time to time between Samvat Year 2017 to 2019 and in respect of the said transactions an account was maintained in the name of the first defendant in the books of account of the plaintiffs. The price In respect of the bricks supplied by the plaintiffs to the defendants was debited
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