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1961 Supreme(Raj) 231

JAGAT NARAYAN
Firm, Chandanmal Fatehraj – Appellant
Versus
Hazarimal – Respondent


Advocates Appeared:
J.P. Jain, for Petitioners; P.C. Bhandari, for Respondent

JAGAT NARAYAN, J.—This is a revision application by the defendants against an appellate order of the! Senior Civil Judge, Baran, holding that the court of Munsif Baran has jurisdiction to try the suit.

2. Hazarilal plaintiff is a resident of Baran. Bhanwarilal and Misrimal defendants carry on business at Merta under the name and style Shah Chandanmal Fatehraj. The plaintiff placed a "bilticut" order with the defendants for the purchase of a wagon load of wheat to be booked for Banglore. The defendants asked the plaintiff to send an advance and drew a Hundi Ex. 12 on him for a sum of Rs. 1500/-. This Hundi was presented for payment to the plaintiff through a bank at Baran on 4.8.54 and was duly honoured. The defendants consigned a wagon load of wheat for Banglore and sent the railway receipt with Beejak Ex. 9 and Hundi Ex. 13 for Rs. 7,750/- the full price of the wheat at "bilticut" rate, drawn on the plaintiff to the latter through the bank at Baran. By then the defendants had not received intimation about the payment on the earlier Hundi. It was however noted on the Beejak that if the sum of Rs. 1500/- had already been paid it would be accounted for in the next transaction. It may












































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