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1973 Supreme(Raj) 78

LODHA
Sankhla Industries – Appellant
Versus
Hiralal Pukhraj – Respondent


Advocates Appeared:
H.C. Jain, for Petitioner; S.G. Bhandari, for Non-petitioner

LODHA, J.—This is a defendants revision application directed against the order of the learned Additional Civil Judge, Ajmer dated 22-9-1972 whereby the learned Civil Judge rejected the petitioners application for staying the suit under sec. 10 C.P.C.

2. M/s Sankhla Industries instituted a suit for rendition of accounts against the non-petitioner M/s Hiralal Pukhraj on 2-5-1972 in the Court of Munsiff, Beawar alleging that they had appointed M/s. Hiralal Pukhraj as their agents for sale of 139 bales of cotton but the latter had not rendered accounts of the same. About two months thereafter M/s. Hiralal Pukhraj instituted the present suit in the Court of Civil Judge, Ajmer against the petitioners M/s. Sankhla Industries and others alleging that by virtue of settled accounts between the parties dated 19-10-1971 a sum of Rs. 6070.50 was outstanding against the defendants. It was therefore prayed that a decree for the said amount along with interest Rs. 607.00 and notice charges Rs. 2.80, total Rs. 6680.30 be passed against the petitioners. After notice of the suit having been served upon them, the defendant-petitioners made an application under sec. 10 C. P. C. on 22-9-72 praying that i





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