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1970 Supreme(All) 359

M. N. SHUKLA
Ram Kumar – Appellant
Versus
Kishan Lal Chhotey Lal – Respondent


Advocates appeared:
K.C. Saxena and D. Sanyal, Advocates, For the Appellant / K.C. Agarwal and Vishnu Sahai, Advocates, For the Respondents

JUDGMENT

M.N. Shukla, J. - This is a somewhat extraordinary case inasmuch as it does not follow the pattern into which the suits arising out of disputes of partnership usually fall. The material facts giving rise to this appeal briefly stated are that the plaintiff brought a suit on the allegations that the defendants Nos. 2 to 6 were till recently members of a joint Hindu family and the firm Kishan Lal Chhotey Lal (defendant No. 1) was a joint Hindu family firm owned by the aforesaid defendants, that in the year 1947 the aforesaid firm through Kanti Prakash (defendant No. 3) entered into partnership with the plaintiff firm Tulsi Ram Murli Dhar which was owned by Ram Kumar, that the partnership was in respect of a single item of business namely the purchase and sale of 400 bags of sugar through firm Ram Nath Madan Gopal arhatis of Chandpur. It was further alleged by the plaintiff that after the partnership had been entered into, the arhatis were asked to purchase sugar and that the plaintiff also advanced to them Rs. 6,536/- in instalments in this connection. It was said that most of the payments were made through Kanti Prakash, that the plaintiff Ram Kumar in the present suit and K

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