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1957 Supreme(MP) 163

A.H.KHAN, SAMVATSAR
BHANSARLAL PARAMSUKH – Appellant
Versus
NAVALKISHOR MUNGALAL – Respondent


Advocates Appeared:
BHAGWANDAS GUPTA, Harihar Newas Dwivedi

SAMVATSAR, J.

( 1 ) THIS is defendants' first appeal and arises out of a suit brought by the plaintiffs-respondents in the Court of the Civil Judge, First Class, Guna, to recover from them a sum of Rs. 8,000/-, The plaintiff's case as laid out in the plaint is that the defendants who are members of a joint Hindu family and carry on business in the name of Mansukhdas Khemchand, had from time to time borrowed various sums of money from the plaintiffs; that an account of these dealings, was made on 285-1939 when a sum of Rs. 8,000/- was found due to the plaintiffs; that the defendant No. 1, who was then the manager of the business and Karta of the joint family admitted the correctness of the balance and affixed his signature to the debit entry in plaintiffs' Bahi. It is then alleged in the plaint that on 25-4-1942 the defendant No. 3 borrowed a further sum of Rs. 125/- and signed the debit entry in the plaintiff's Bahi acknowledging receipt of this loan that on 27-5-1945 defendant No. 3 approached the plaintiff and offered to clear the old account by payment of the principal sum; that an account was thereupon made between the parties when a sum of Rs. 8,000/- was found due; that the s





































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