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1965 Supreme(All) 484

C. B. CAPOOR
Manohar Lal – Appellant
Versus
Radha Krishna Laxmi Narain – Respondent


Advocates appeared:
B.R. Avasthi, Advocate, for the Defendant-Appellant; Ambika Pd, Advocate, for the Plaintiff-Respondent

JUDGMENT

C.B. Capoor, J. - This appeal has been preferred by Manohar Lal defendant No. 1 to a suit filed by the plaintiff respondent against him and his son Kailash Nath for recovery of a sum of Rs. 904/14/6 as principal and Rs. 316/'12/6 as interest on account of the price of goods supplied. During the pendency of the suit Manohar Lal died and his legal representatives have been brought on record.

2. The allegations made by the plaintiff respondent were that Manohar Lal and Kailash Nath constituted a joint Hindu family governed by the Mitakshara branch of Hindu Law and that Kailash Nath had purchased goods from the plaintiff firm for purposes of joint family business.

3. The suit was resisted by Manohar Lal and Kailash Nath mainly on the grounds that they did not purchase any goods from the plaintiff firm and in any case, were not liable to pay interest.

4. The courts below reached the conclusion that articles were purchased from the plaintiff firm and that both the defendants were liable to pay price thereof. That is a finding of fact and cannot be questioned in second appeal.

5. The trial court did not award any interest but on appeal the learned lower appellate court decreed the

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