G.R.MAJITHIA
Telu Ram Jain – Appellant
Versus
Aggarwal Sons – Respondent
1. This appeal is directed against the judgment and decree of the first Appellate Court reversing on appeal those of the trial court and decreeing the suit of plaintiff-respondent for recovery of Rupees 6500/ - with costs.
2. The respondent-plaintiff filed a suit for the recovery of Rs. 6500 / - on the grounds that Rs. 5021-49 were outstanding against the defendant-appellant on account of balance of the price of sanitary goods and material supplied to him on credit during the period from 28-4-69 to 15-10-1970 and Rs.1471-07 to be due from him by way of interest at 12 per cent per annum or in the alternative compensation for loss of interest and profit on the same by further investing in business. The defendant resisted the claim of the plaintiff on various grounds including that the plaintiff-firm being not a registered one, the suit was liable to be dismissed on that short ground. From the pleadings of the parties, the following issues were framed :-
1. Whether the plaintiff firm is a registered partnership firm and the suit has been filed by a competent person? Opp. 2. Whether suit against the defendant is not competent? 3. Whether the goods supplied were not in accordanc
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