Judgement

JUDGMENT :- The defendants are in appeal against the reversing judgment and decree of the learned District Judge of Koraput at Jeypore in a suit for recovery of the price of goods supplied.

2. The plaintiffs alleged that they had a shop at Koraput and the defendants were taking cloth on credit from time to time. A sum of Rs. 695.79 paise was due from the defendants by 20th of July, 1965. In spite of demand, the amount was not paid. Therefore, after notice, the suit was filed on 31st of October, 1966, claiming the principal sum together with interest.

3. The defendants took the stand that they had made certain credit purchases, but payments had been made and not only the plaintiffs dues were cleared, but some money was still owing to the defendants on account of excess payment. The suit was the outcome of malice at the instance of one Kesharichand Umedmal as the defendants started buying their requirments from one Pratapchand, a business adversary of Umedmal.

4. The learned Subordinate Judge dismissed the suit by holding that the suit was not maintainable as it was hit by Section 69 of the Indian Partnership Act.

5. Upon appeal by the plaintiffs, the learned District Judge by j