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1958 Supreme(Ori) 77

R.L.NARASIMHAM, G.C.DAS
DAITARI MOHAPATRA – Appellant
Versus
BRUNDABAN MATIA – Respondent


Advocates Appeared:
B.K.PAL, J.Brahma, K.M.Swain

R. L. NARASIMHAM, C. J.

( 1 ) THIS is a defendant's second appeal against the appellate judgment of the district Judge of Cuttack reversing the judgment of the III Additional Munsif cuttack and decreeing the plaintiff's suit for recovery of a certain sum of money from the defendant.

( 2 ) THE plaintiff alleged that there was a partnership between him and the defendant for the purpose of doing repair work to Khaira bridge in 1944 and that the wirk was completed in due course, on the 5th June 1944. The execution of the repair work was entrusted to the defendant and the plain- tiff's function as a partner was to contribute certain sums of money and also to maintain accounts. The plaintiff further alleged that though the work was completed on the 5th June 1944 the defendant evaded paying the net sum due to him on some pretext or other. He therefore brought the present suit, claiming a sum of Rs. 689-9-6. A schedule was attached to the plaint giving a complete statement of the accounts of the partnership usiness showing the aforesaid sum of Rs. 689-9-6 as due to the plaintiff. The defendant raised all sorts of pleas which need not be discussed in detail at present. The learned Munsif












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