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1980 Supreme(Raj) 34

K.D.SHARMA
Ghisulal – Appellant
Versus
Hazi Mohammed – Respondent


Advocates Appeared:
H.M. Lodha, for Appellant.

K.D. SHARMA, J—This is a civil second appeal under section 100 C.P.C. against the judgment and decree of the Additional District Judge, Sirohi, dated 19-4-1969 by which the decree and judgment of the Munsif Bali dated 12.10.1968 decreeing the suit of the plaintiff for Rs. 760/- with costs and pondente lite and future interest at the rate of Rs. 6/- per cent per annum was confirmed.

2. The relevant facts giving rise to this second appeal may by briefly described as follows:—

3. Haji Mohammed plaintiff-respondent instituted a suit against the partners of Mahendra Boot House, namely, Somaram, Bagaram, and Ghisulal in the court of Munsif Bali for recovery of a sum of Rs. 760/-. The averments in the plaint were that the defendants were partners in a firm under the name and style Mahendra Boot House situated at Bali. The firm used to deal in leather, shoes and hardware. On 23-1-1964 Somaram partner of the firm secured a loan of Rs. 658/- from the plaintiff for business of the firm i.e. payment of the price of pieces of leather and executed a promissory note for this amount in favour of the plaintiff along with a receipt of money. Somaram defendant No. 1 further agreed to pay interest on th


















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