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1959 Supreme(Raj) 46

MODI
Firm Gulzarimal Gheesalal – Appellant
Versus
Firm Rameshchandra Radheshyam – Respondent


Advocates Appeared:
D.P. Gupta, for Appellant

Modi, J.—This is an appeal by the defendant firm Gulzarimal Gheesalal against the judgment and decree of the Civil Judge, Kishangarh, in a suit for recovery of damages.

2. The suit out of which this appeal arises was brought by the plaintiff firm Ramchander Radheshyam on the allegations that it did business as commission agent at Madanganj, and that the defendant was a joint Hindu family firm of which Gheesalal was the manager, and that the said firm did business in the name of Gulzarimal Gheesa Lal at Nasirabad. It is admitted that there were dealings between these two firms. It is unnecessary to give particulars of the dealings between the parties in any detail, because the only dispute between them, so far as the present litigation is concerned, centers round the transaction relating to purchase and sale of 200 maunds of Gur. The case of the plaintiff was that it had purchased for the defendant 200 maunds of Gur on the 29th January, 1949, for a sum of Rs. 3350/- at the rate of 16/12/- per maund and sold the same for the defendant later as a result of which it suffered a loss of Rs. 1500/-. Certain other incidental charges were also claimed amounting to Rs. 38/10/6 and allowance w































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