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1909 Supreme(All) 249

ALSTON, BANERJI
Chittar Mal – Appellant
Versus
Behari Lal – Respondent


JUDGMENT

1. The suit out of which this appeal has arisen was brought by the plaintiffs-appellants to recover from the defendants-respondents Rs. 1,235-15-6 as the balance of an account existing between the parties. The allegations of the plaintiffs are that an account of dealings between them and the defendants was opened on Maghsar Sudi 9th, Sambat 1956, corresponding to the 11th of December, 1899, that on the 13th of August, 1904 the account was stated by the parties and a balance of Rs. 2,394-9-3 was struck in favour of the plaintiffs, that subsequently the plaintiffs realised Rs. 1,479-10-6 on account of the price of wheat sold by them for the defendants, and the defendants were debited with the sum of Rs. 312-14-0 on account of interest and other charges and that the amount claimed was due by them. The defendants asserted that they had no dealings with the plaintiffs and denied that any account was stated or that any sum was due by them. The Court of first instance found in favour of the defendants and dismissed the suit. Upon appeal by the plaintiffs the lower appellate Court found that the defendants had dealings with the plaintiffs but that they did not acknowledge their lia

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