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1937 Supreme(Raj) 2

NAVIN CHANDRA SHARMA
A. C. Traders – Appellant
Versus
Nawal Kishore – Respondent


Advocates Appeared:
D.S. Shishodia & Suresh Shrimali, for Petitioner; S.N. Sharma, for Non-petitioner

N.C. SHARMA, J.—This is a revision by the defendants against the order of the Additional District Judge, Barmer, dated September 27, 1986, whereby in civil suit No. 9 of 1980 filed by the non-petitioner Nawal Kishor in its Court for the recovery of an amount of Rs.83,700/-as principal and Rs. 11,700/- as interest, in all Rs. 95,400/- instituted against the petitioners on the basis of an alleged Khata executed by petitioner No. 2 on behalf of the partnership firm petitioner No. 1 on April 2, 1985 after going through the accounts by various amounts alleged to have been advanced by plaintiff non-petitioner to the petitioner by various demand drafts dated June 18, 1984 and June 28, 1984. This suit was filed under O. XXXV1I of the Code of Civil Procedure. In accordance with sub-rule (1) of r. 3 of O. XXXVII, the plaintiff-non-pelitioner served upon the defendants-petitioners a copy of the plaint and annexures thereto together with the summons under r. 2 of the said Order. The defendants-petitioners entered their appearance before the Additional District Judge, Barmer on May 3, 1986 and filed his address for service of notices on them. The plaintiffs counsel was then directed to serve on














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