SIVARAMAN NAIR, J.

( 1 ) THE plaintiff in O. S. No. 119 of 1983 before the Subordinate Judge, Machilipatnam is the appellant. That was partnership firm. The suit was instituted against another firm, of which the second defendant was the managing partner. The second defendant was one of partners of the firm Annapurna Fertilisers and General Stores, Bantumilli, which was initially constituted with Sabbisetti Rattayya and others. That was dissolved on 1-11-1982 with the simultaneous retirement of the second defendant from the partnership. Thereafter, a new partnership was formed under the name and style of the old firm consisting of different partners including the erstwhile managing partner. The new firm was constituted with effect from 1-11-1982. Simultaneously, the second defendant formed the first defendant partnership with himself and others. There were transactions between the first defendant firm and the plaintiff firm between December, 1982 and January, 1983.

( 2 ) THE plaintiff-firm filed O. S. No. 119 of 1983 on 3-9-83 claiming an amount of Rs. 1,43,56. 15 ps. from the first defendant-firm and its managing partner-the second defendant. The defendants resisted the suit claim

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