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1971 Supreme(J&K) 4

JANKI NATH BHAT, S.MURTAZA FAZAL ALI
Badrimal Ramcharan & Co. – Appellant
Versus
Gana Kaul And Sons – Respondent


Advocates Appeared:
Advocate For Appellant: Ishwar Singh
Advocate For Respondent: J.N. Bhan
Advocate For Respondent: R.N. Kaul

1. This is an appeal against the decree of the learned Additional District Judge, Jammu by means of which he has dismissed the suit of the plaintiffs for Rs. 7,167.50 against the respondents. The plaintiffs M/S Badrimall Ramcharan and Co. claimed that they were a registered firm and carried on business at Jammu and had a branch styled as Messrs Devicharan Omparkash, Devicharan being one of the partners in the said firm. The defendant No. 1 a joint Hindu family firm had dealings with the plaintiffs branch Devicharan Omparkash from 27-5-2015 to 25-8-2016. The net balance outstanding against the defendants was Rs. 6.159/9/- and adding interest at the rate of Rs. ~/8/-percent per annum to this amount, the net balance against the defendants was Rs. 7,167/8/- which they claimed against the defendants by means of this suit.

2. Many pleas were raised by the defendants in their written statement and among other pleas the plea that suit was not maintainable in the present form because the firm of the plaintiffs was not registered in accordance with law, was taken. The trial court framed as many as 12 issues in this case but ultimately decided issues 1 and 4 against the plaintiffs and came t



































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