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Issues Involved:
1. Jurisdiction of the Dhanbad Court. 2. Misjoinder of causes of action and non-joinder of Munilal Jha. 3. Proof of the plaintiff's dues. 4. Registration of the plaintiff firm under the Partnership Act. 5. Limitation. 6. Award of interest by the trial court. Detailed Analysis: 1. Jurisdiction of the Dhanbad Court: The defendant argued that the Dhanbad Court lacked jurisdiction as no part of the cause of action arose within its territory. The plaintiff contended that the coal deliveries to the common carrier for transmission to the defendant took place within Dhanbad's jurisdiction. The court referred to Section 36(1) and Section 39 of the Sale of Goods Act, which imply that delivery to a carrier for transmission to the buyer is deemed a delivery to the buyer. The court found no material to rebut this presumption, concluding that the cause of action arose within Dhanbad's jurisdiction where the coal was booked for transmission. 2. Misjoinder of Causes of Action and Non-Joinder of Munilal Jha: The defendant claimed that the suit combined two distinct causes of action: personal liability up to December 1953 and joint liability with Munilal Jha from January 1954. The court noted that the internal arrangement between the defendant and Munilal Jha did not concern the plaintiff. The plaintiff continued to deal with the defendant individually and had no knowledge or consent regarding the partnership terms. The court concluded that there was no misjoinder of causes of action and that Munilal Jha was not a necessary party to the suit. 3. Proof of the Plaintiff's Dues: The defendant argued that the plaintiff failed to produce original bills and relied only on counterfoils and account books. The court examined the counterfoils and account books, finding them regularly kept in the course of business. The counterfoils, prepared simultaneously with the originals, along with the account entries, constituted sufficient proof of individual transactions. The court held that the plaintiff's claim was adequately proven. 4. Registration of the Plaintiff Firm under the Partnership Act: The defendant contended that supplies made before the firm's registration on 26th October 1953 were irrecoverable. The court found that the plaintiff firm had been in existence since July 1950, as admitted by the defendant in his written statement. Since the firm was registered before the suit's institution, the entire claim was maintainable, and Section 69 of the Partnership Act did not bar the claim. 5. Limitation: The trial court held that the suit was governed by Article 52 of the Limitation Act, 1908, with a three-year limitation period from the date of delivery. The court found that a letter dated 8th November 1954 (Ex. 4/f) from the defendant to the plaintiff constituted an acknowledgment of liability under Section 19 of the Limitation Act, thus saving the claim from being time-barred. The court concluded that no part of the plaintiff's claim was barred by limitation. 6. Award of Interest by the Trial Court: The trial court awarded interest from the date of the demand notice (Ex. 2) despite no stipulation for interest. The court held that under Section 61(2) of the Sale of Goods Act, it was within its discretion to award interest on the unpaid price. The interest rate of 6% per annum was deemed reasonable. The court found no grounds to interfere with this part of the decree. Conclusion: The appeal was dismissed with costs, and the trial court's decree was upheld.
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