Harbans Lal, J.—This civil second appeal under Sec. 100 of the Code of Civil Procedure has been preferred against the judgement and decree dt. 19.07.1989 passed by the leaned Additional District and Sessions Judge, Kishangarhbas (Alwar) whereby the appeal No 25/1987 has been dismissed upholding the judgment and decree dt. 24.02.1987 of the learned Civil Judge, Kishangarhbas in Civil Orginal Suit No. 73/1985 vide which the suit of the plaintiff-respondent has been decreed.

2. Briefly stated, the relevant facts are that the plaintiff-respondent filed a civil original suit in the aforesaid Court on 12.01.1981 inter-alia pleading that the plaintiff firm is a registered partnership firm under the Indian Partnership Act, 1932 (in short ‘the Act’) and it has three partners namely Hazari Lal, Babu Lal and Smt. Shanti Devi. It carries on business of commission agent in Khairthal town. The defendant-appellant took a loan of Rs. 4,500/- from the plaintiff-firm on 20.02.1978, but neither repaid the said loan nor brought ‘gwar’ and other grains at the shop of the plaintiff-respondent firm for sale. He was given notice, but he neither gave any reply to the notice nor repaid the aforesaid loan amo

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