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1951 Supreme(All) 219

MALIK, AGARWALA, V. BHARGAVA
DEOKINANDAN – Appellant
Versus
JHOTHA LAL – Respondent


Advocates Appeared:
M.L.CHATURVEDI, MUKHTAR AHMED

MALIK, CJ.

( 1 ) THE plaintiffs filed a suit in the Court of the Civil Judge, Kanpur, for recovery of a sum of RS. 7,645. 43. The plaintiffs case was that the defendants were plaintiffs Commission Agents working at Collectorganj, Kanpur, and the plaintiffs had sent to the defendants mustard seed for sale, but as the price was rising they had instructed the defendants not to sell the goods till farther instructions, and contrary to the directions given by the plaintiffs the defendants sold the goods which caused a loss of Rs. 7,345-4-3 to the plaintiffs which the plaintiffs were entitled to recover. The suit was decreed in part on 17 11-1945, and a decree for Rs. 3,039 9-0 was passed in plaintiffs favour. The defendants thereafter filed an application for review under Order 47, rule 1, Civil P. C. , on 27-8-1946, and claimed that the decretal amount should be reduced by a sum of Rs. 426-15-0. Court fee of only Rs. 0. 15 0 was paid on the application as the defendants contention was that there were clerical errors in the judgment which could be corrected under section 152, Civil P. C. and that it was not necessary for them to make an application for review under Order 47, Rule 1 of t

















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