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CHATURVEDI
Mannalal – Appellant
Versus
Biharilal – Respondent


JUDGMENT :

1. This is plaintiffs' second appeal. Their suit for recovery of Rs. 748-14-0 has been dismissed by the trial Court and their appeal against that judgment has been dismissed, by the first appellate Court.

2. The three plaintiffs under the firm-name of Khajulal Chunnilal are carrying on 'Sarafi, Adat' (Commission Agency), and forward transaction business at Maheshwar. The firm is a member and card-holder of the Sarafa Association, Maheshwar. According to the rules of the said association only members can act as 'Adatyas' and the sale and purchase transactions of silver 'Pats' can be carried on through the agency of the enrolled card-holders.

The standard weight of the 'pat' is recognized to be 100 Bhars'. The defendant is also a resident of Maheshwar. The case for the plaintiffs is that on 20-11-1944 (Magasar Sudi 3 of 2001) the deft. Bihariial put an order for selling 84 Pats' of silver. 28 Pats' at the rate of Rs. 115-10-0 another 28 Pats' at the rate of Rs. 115-3-0 and the third lot of 23 Pats' at the rate of Rs. 115-10-0 with 'Vaida' of Magasar sudi 15 Samvat 2001.

The defendant was to give delivery according to the rules of association on 30-11-1944. On that date when th





































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