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1999 Supreme(AP) 777

C.V.N.SASTRY
LAXMI CLOTH STORES, VIJAYAWADA – Appellant
Versus
RATNA AND CO. , CLOTH MERCHANT, MACHILIPATNAM – Respondent


C. V. N. SASTRY, J.

( 1 ) IN spite of service of notice, the respondent has not chosen to appear either in person or through Counsel. Heard the learned Counsel for the appellant.

( 2 ) THIS appeal arises out of a suit filed by the appellant herein against therespondent for recovery of a sum of Rs. 2,91,900/-being the balance of principal and interest due under the Katha dealings between the parties. The suit was filed by the appellant-firm represented by its Managing Partner v. L. Vankateswarlu @ Laxmipathi. The respondent-defendant, after receipt of summons in the suit, put in appearance through an advocate but failed to file the written statement despite the grant of several adjournments. He was finally set ex parte. In support of the plaintiff s claim, one witness was examined as P. W. 1 and Exs. A-1 to A-6 were marked, Ex. A-1 is the photostat copy of the acknowledgment of registration of firms issued by Registrar of firms dated 7-7-1996. Ex. A-2 is the photostat copy of partnership deed dated 1-4-1996. Ex. A-3 is the Katha of the defendant in the ledger of the plaintiff for the year 1997-98. Ex. A-4 is the letter dated 31-3-1997 written by the defendant to the plaintiff admitti


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