Dargahi Lal vs Sant Lal Sri Kishan - 1933 Supreme(Oudh) 144

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(Oudh) 144

NANAVUTTY
Dargahi Lal – Appellant
Versus
Sant Lal Sri Kishan – Respondent

JUDGMENT

Nanavutty, J - This is and application Tinder Section 25, Provincial Small Cause Courts Act, against a judgment and decree passed by the Judge of the Small Cause Court, Lucknow, decreeing the plaintiffs suit in full. The facts out of which this application arises are briefly as follows:

The plaintiff is a firm of cloth dealers at Cawnpore. The defendant, Dargahi Lal, has been sued as the managing proprietor of the firm of Mehdi Lal Dargahi Lal, who are also cloth dealers in Lucknow. The suit was for a sum of Rs. 333-12-9, as principal, and Rupees 261-15-3 for interest, in all Rs. 595-12-0. The defendant alleged there was loss in his business and that he had closed down and entered into a composition with all his creditors, includiug the plaintiff firm, whereby it was agreed that the defendant would only pay six annas in the rupee out of the principal sum due to the creditors and they would relinquish the rest, both principal and interest. The defendant further alleged that the sum due to the plaintiff was only Rs. 316-13-9, and that according to the composition the plaintiff firm should get only Rs. 116-8-0, which amount the defendant was willing to pay. Upon the pleadings

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