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2003 Supreme(AP) 1324

G.YETHIRAJULU
J. K. Finance and Chit Funds – Appellant
Versus
R. Surya Kumar – Respondent


G. YETHIRAJULU, J.

( 1 ) THIS revision petition is filed by the plaintiff in Small Cause Suit No. 82 of 1998 on the file of the Principal Junior civil Judge, Chittoor. The plaintiff, a registered firm, represented by one of its partners, filed the suit for recovery of money on the basis of a promissory note from the respondents. The suit was dismissed by the lower Court by observing that the defendant is liable to pay only interest due under the promissory note, that the plaintiff failed to explain why he could not file the registered copy of the partnership deed and why he filed only an unregistered partnership deed. The Court further observed that P. W. 1 did not take steps to summon the copy of the partnership dated registered with the registrar of Firms. The lower Court further observed that in view of the ratio laid down in Bhasker Finance and Commercial Syndicate s case the suit cannot be maintained. The plaintiff being aggrieved by the judgment and decree of the lower Court dated 28-1-2000 preferred this revision petition questioning the validity and legality of the decree and judgment of the lower Court.

( 2 ) THE learned counsel for the revision petitioner submitted that th









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