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1986 Supreme(Raj) 692

K.S.LODHA
Peetamber Das – Appellant
Versus
Bhoj Mal – Respondent


JUDGMENT

1. - This is a defendant's appeal against the judgment and decree of the learned District Judge, Balotra, dated March 18, 1985, by which, he has decreed the plaintiffs' suit ex-parte against the 'Against judgment and decree dated 16-3-1985 passed by the learned District Judge Shri Navrang Ray Jatav defendants for a sum of Rs. 96,751/-, with pendents lite and future interest at rate of 6% p.a.

2. I have heard learned counsel for the parties and have gone through the record.

3. In view of the judgment I propose to pass, I need not state the facts of the case at length. Suffice it so say that the plaintiff Bhoj Mal (respondent No. 1) had filed a suit for money against defendants Peetamber Das and others, on the allegation that the plaintiff and the defendants had carried on a joint venture in the name of Peetamber Das & Co. from April 1, 1981 to July 31, 1981. The parties were partners of this firm and had different shares as stated in para I of the plaint. Plaintiff Bhoj Mal had advanced different amounts to the firm at different times. Out of them, certain re- payments had been made and finally a sum of Rs. 65,260/- including interest remained outstanding against the firm. He







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