Champa Ram vs Firm Tulshi Ram-Jai Lal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(All) 382

Champa Ram – Appellant
Versus
Firm Tulshi Ram-Jai Lal – Respondent

JUDGMENT

1. This is a plaintiff's appeal arising out of a suit for recovery of a specified sum of money after allowing deduction for brokerage, commission, etc. The allegations upon which the suit was lodged are briefly these:

The plaintiffs are pakka arahtias carrying ON business in Shahjahanpur. The defendants are pakka arahtias who do business in Cawnpore. In the months of August and September 1917 the plaintiffs engaged the service of the defendants as commission agents to purchase certain bags of cotton-seed for them. The defendants made the said purchase, and under orders from the plaintiffs they sold the said goods to certain parties, with whom we are not concerned in this suit, in the months of October and November 1917. According to the plaintiffs this brought Rs. 1,303, as profit to the plaintiffs. Hence the claim for recovery of this amount and interest. Several defences were put forward in this case, three of which are worthy of mention. The defendants pleaded that the suit was not congnizable in the Court of the Subordinate Judge of Shahjahanpur. It was next pleaded that the; contract in question was void in law and could not form the basis of a suit because it was in th

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