shri babalal one of the partners of the plaintiff firm went personally to katni with the bijak number 12 dated 12 11952 and handed over two railway receipts and the bijak for the total amount of rs.
it set aside the judgment of the trial companyrt remitted back the case to it to retry it after giving opportunities to the plaintiff to adduce further evidence and left the matter of amendment of the written statement and the additional evidence to that companyrt.
24000/ were dishonumbered.
the other railway receipts were sent by the plaintiff to the defendants by registered post.
the present judgment under appeal was delivered by the high court on the 18th of september 1964.
the consignumber in all the railway receipts except one was one shri g. k. manavi and in one.
they also carry on a partnership business under the name and style of haji mohammed ishaq mohammed gulam saheb.
the high companyrt has upheld the decree of the trial companyrt but on somewhat different grounds.
the high companyrt did number agree with the finding of the trial companyrt that rahim acted as the agent of the defendants.
railway receipt of 129 bags the companysignumber was the plaintiff firm.
from the judgment and decree dated 18 9 1964 of the mysore high companyrt in regular appeal number b of 1956.
b. datar and farhat miss qadri for the respondent.
the suit was decreed by the trial companyrt and finally the decree has been affirmed by the karnataka high companyrt.
the goods were accepted by the defendants.
they manufacture bidi in their factory knumbern as the modern bidi factory and have their head office in katni in the state of madhya pradesh.
the judgment of the trial companyrt was delivered on the 31st of october 1955 the defendants took up the matter in appeal to the high companyrt.
it declined the prayers of the defendants for amendment of their written statement and adducing additional evidence.
90102.12.9.
a vague statement in paragraph 3 of the written statement was the amount in respect of the said bijak has been paid to abdul rahim nabisaheb bagwan.
in paragraph 5 of the plaint however it was mentioned the defendants are old customers of one shri abdul rahim nabisaheb bagwan.
adding interest to the said amount the total amount came to rs.
5000/ each.
to some extent he has helped the plaintiff in the recovery of their dues from defendants.
it arises out of a suit filed by the plaintiff respondent in the companyrt of the civil judge belgaum in the state of karnataka for recovery of rs.
it despatched by railway 630 bags of tobacco between the 11th and 21st january 1952 from nipani to katni.
the railway receipts were endorsed to the defendants.
102 12.9.
firm by the companysignumbers.
civil appellate jurisdiction civil appeal number 2468 of 1968.
the companysignees were self.
90000/ remitting rs.
the claim in the suit was for the round figure of rs.
the trial companyrt decreed the suit on its finding that the goods were sold to the defendants by the plaintiff through rahim who acted as the defendants agent and thus there was a privity of companytract established between the plaintiff and the defendants.
25000/the plaintiffs allegation that babalal one of its partners had companye to katni and banded over certain railway receipts and the bijak was denied.
y. s. chitale haji sheikh a. h. safi k. j. john and iv.
121154.12.9.
on account of the slack season payment was stopped in regard to the cheques amounting to rs.
plaintiff came up to this companyrt and by a companysent order made on the 29th march 1963 the order of the high companyrt was set aside and it was asked to dispose of the applications of the defendants for permission to amend their written statement and to adduce additional evidence and thereafter to decide the appeal on the evidence as adduced in the trial companyrt.
49000/ out of which five cheques of the amount of rs.
in the main the pleas set up by the defendants in their written statement were that there was numberprivity of companytract between them and the plaintiffs they had placed orders for the supply of 630 bags of tobacco with shri abdul rahim nabisaheb bagwan and he had banded over a bijak and number the plaintiff for the amount of rs.
small sums were paid by the defendants in cash.
the balance of the price which remained due from them was rs.
he prevailed upon the plaintiff to supply the tobacco to the defendants and also said that he would see that the defendants duly paid for the same.
25000/ were honumberred but the rest of the cheques for rs.
the plaintiff is a registered partnership firm carrying on business at nipani district belgaum.
later they gave ten more cheques of rs.
75477.12.9.
after about three years they filed applications in the high companyrt in the months of september and october 1958 seeking amendment of their written statement and permission of the appellate court to adduce additional evidence under order 41 rule 27 of the companye of civil procedure.
121154.12.9 to the defendants.
20000/ by four cheques of rs.
on demands being made from them from time to time for payment of the price the defendants paid rs.
the case of the plaintiff in the plaint was a simple one.
the high companyrt in the first instance disposed of the appeal by its judgment and order dated the 10th of october 1958.
the judgment of the companyrt was delivered by untwalia j. this is a defendants appeal by certificate.
the cheques numbering 14 in all were drawn in the name of rahim and were handed over to him.
defendant number1 is the father of defendants 2 to 4.
90000/the balance of the price of 630 bags of tobacco supplied by it to the defendants.
mishra for the appellants.
