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1964 Supreme(Ori) 117

S.BARMAN, G.K.MISRA
HARIBUX GOURI SANKAR FIRM – Appellant
Versus
SUBHAKARAN TULSIRAM – Respondent


Advocates Appeared:
J.N.MITRA, L.K.DAS GUPTA, M.N.DAS, S.B.NANDA, S.C.RAY

BARMAN, J.

( 1 ) THIS appeal arises out of a suit filed by the plaintiffs appellants for recovery of rs. 5,318-15-9 as price of 200 tins of groundnut oil alleged to have been supplied on February 29, 1952 on credit to defendant No. 1 Messrs. Subhakaran Tulsiram a firm of which defendant No. 2 Tulsiram is said to be the managing proprietor. The plaintiffs also claimed Rs. 1,436-0-3 as interest, the total amount claimed in the suit being Rs. 6,755/ -. The suit was filed on February 28, 1955 after giving notice. In support of the plaintiff's claim they relied on certain entries in Jama Bahi Ext. 1 and Ledger, Ext. 2. In defence the plaintiffs' alleged claim was denied. It is alleged that the suit was filed out of enmity due to litigation between the parties with which back-ground we are not directly concerned for the purpose of deciding this case. The learned trial Court dismissed the plaintiffs' suit mainly on the ground that the books of account on which the plaintiffs mainly relied were not regularly kept in the course of business and accordingly no reliance can be placed on them.

( 2 ) THE entry in Jama Bahi dated February 29, 1952 in Hindi as translated in

English supplied by t


















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