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1974 Supreme(All) 103

M.P.MEHROTRA
Sukhdei – Appellant
Versus
Naipal Ram Jagannath Prasad – Respondent


Advocates:
R.A. Sharma, for Appellants; R.N. Singh and K.P. Singh, for Respondent.

Judgement

MEHROTRA, J. :- This is the defendants' second appeal. The trial court substantially decreed the suit and the lower appellate court has affirmed the said decree. The defendants have felt aggrieved and have filed the instant second appeal in this Court.

2. I am reproducing the following portion of the judgement of the lower appellate court with a view to state the facts of the case :

"The plaintiff M/s. Naipal Ram Jagannath Prasad filed this suit on 17-3-71 for recovery of Rs. 5373.40 P. plus Rs. 1934.28 P. interest, i.e. a total of Rs. 7307.68 P. The plaint allegations are that the plaintiff is a registered partnership firm carrying on the business of sale, purchase and manufacture of brass vessels in Thatheri Bazar, Varanasi City, for the last many years. Late Madho Kumhar alias Mahadeo Kumhar used to take brass-sheets, popularly known as 'Chanda', from the plaintiff firm for preparing vessels on usual labour charges. Mahadeo Kumhar had a running account in the Karigar Bahi or the Malkhata of the plaintiff-firm. It contained all entries regarding the amount of brass-sheets taken by Madho Kumhar for preparing vessels, the labour charges paid to him etc. etc. The account was






































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