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1934 Supreme(SC) 31

P. K. P. S. Pichappa Chettiar and others – Appellant
Versus
Chokalingam Pillai and others – Respondent


Advocates Appeared:
T.L. Wilson, Wyesingha, Chinnai Durai , Leslie DeGruyther, J.M. Parikh, A.M. Dunne

Sir Lancelot Sanderson:-

This is an appeal against a decree of the High Court of Judicature at Madras, dated 9th September 1929 reversing the decree of the Court of the Subordinate Judge of Ramnad, at Madura, dated 18th January 1927. The question for determination in this appeal is whether the respondents and/or their deceased uncle Virappa Pillai were partners of the appellants in the business of money-lenders and bankers carried on at Colombo under the style of P.K.P.S., and if Virappa Pillai was a partner, whether his partnership was on his own account or as managing member of the Hindu joint family to which he and the respondents belonged. The suit was brought on 8th April 1924 by P.K.P.S. Pichappa Chettiar against (1) K.V.R. Virappa Pillai, (2) Chokalingam Pillai (3) Shanmukhan Pillai (a minor by his guardian ad litem Defendant 2), (4) P.K.P.S. Palaniyappa Chettiar (5) P.K.P.S. Raman Chettiar, and (6) P.K.P.S. Chidambaram Chettiar. Defendants (4), (5) and (6) as members of the firm of P.K.P.S. were throughout associated with the plaintiff in interest as against defendants (1) (2) and (3). Virappa Pillai died after the institution of the suit, and the above-mentioned defendants

























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