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1920 Supreme(All) 404

GOKUL PRASAD, PIGGOTT
A. Curlender – Appellant
Versus
Abdul Hamid – Respondent


JUDGMENT

1. The circumstances under which the present appeal has arisen are as follows: The plaintiff is the proprietor of a firm of bone dealers in Benares called Abdul Hamid and Sons. The defendants carry on a business in boner which goes by the name of Bengal Bone Mills in Calcutta. It appears that there had been dealings between the parties for some years; and in January 1913, according to the plaintiff, Rs. 1,654 were due to the plaintiff from the defendant' firm. The defendants had also dealings in bone with the Muslim Bone Company, Limited, of Benares. The plaintiff's father was the Manager of this Company and after his death the plaintiff was elected the Manager of the Company. The plaintiff's allegation is that his firm, Abdul Hamid and Sons, had nothing whatever to do with the Muslim Bone Company, Limited, yet the defendants debited the plaintiff with a sum of Rs. 1,497-7-6 alleged to have been due to the defendants from the aforesaid Company and deducting the amount from Rs. 1,654 due to the plaintiff, sent him Rs. 156-8-6 in payment of his claim on the 17th of January 1913. The defendants had no justification for doing so and hence the plaintiff's claim for Rs. 1,497-7-6

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