MODI, J.—This first appeal is brought from the judgment and decree of the District Judge, Kota, dated 23-9-71 dismissing the plaintiffs suit for the recovery of money.

2. The plaintiff is a registered firm carrying on business at Kota. The defendant carries on business at Bhawanimandi, district Jhalawar under the name and style of Rajasthan Textile Mills. The defendant purchased between 5-5-62 and 18-9-62 asbestos cement sheets worth Rs. 78254.24 paisa and certain hardware articles worth Rs. 4936.31 P. total Rs. 83,190.55 P. and paid Rs. 72,896.63 P. on various dates leaving a balance of Rs. 10,293.92 P. When the balance was not paid, the suit out of which this appeal has arisen was instituted against the defendant on 6-8 63 for for the recovery of Rs. 10,203.92 P. as principal and Rs. 721/- by way of interest at the rate of 12 per cent per annum total Rs 11,014.92 P. The defendant contested the suit and pleaded that Rajasthan Textile Mills is not a legal person and no suit was maintainable against it. It was further pleaded that the plaintiff had agreed to allow 8 per cent discount on the amount of goods sold by it but no such discount was deducted from the bills. The defendant cla

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