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1958 Supreme(Raj) 261

MODI
Kesrimal – Appellant
Versus
Dalichand – Respondent


Advocates Appeared:
Kishore Singh, for Petitioners; Prakash Chandra, for Non-petitioners

Modi, J.—This is a revision by the plaintiff Kesrimal and another in a suit for money against the judgment and decree of the District Judge, Balotra dated 28th May, 1954, by which he upheld the dismissal of the suit by virtue of the provisions of sec. 69 of the Partnership Act.

2. The material facts leading upto this revision may shortly be stated as follows:—

3. The case of the plaintiffs Kesrimal and Pukhraj was that they were carrying on business in the name of Kesrimal Pukhraj and that they were partners of a firm, which was registered and that there were no other partners in the firm except these two. It was then alleged that there were money dealings between the plaintiffs firm and Pratapmal deceased, father of the defendants opposite parties, from Smt. 2001 Migsar vadi 4th to Smt. 2006 Kartik vadi 14 and that the said Pratapmal on the last mentioned day, after going through the accounts, executed a Khata in favour of the plaintiffs firm for a sum of Rs. 379/1/- and agreed to repay the same with interest at the rate of 6% per annum. The defendants opposite parties were called upon to pay off the debts of their deceased father, but without any result. Consequently, the plaintiff














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