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1988 Supreme(AP) 6

A.SEETHARAM REDDY
H. A. C. Products Ltd. – Appellant
Versus
Mohd. Argobasi Enterprises – Respondent


A. SEETARAM REDDY, J.

( 1 ) THE 2nd defendant, the revisionist herein, seeks to revise the orders passed by the trial Court.

( 2 ) THE format in brief is that the plaintiff, the 1st respondent herein, filed a suit against the petitioner and the 2nd respondent-State Bank of Hyderabad. Eight issues have been framed based on the pleadings. One of the issues viz. issue No. 6 is whether the plaint has been instituted by a person validly representing the plaintiff. It is not in dispute that the suit was instituted in the year 1982 and issues were framed on 7-6-1983 and the suit was posted for trial on 4-7-1983. The suit was dismissed for default on 6-8-1983. Again it was restored and posted to Sept. 20, 1983, but from then onwards it was adjourned several times and eventually to 10-7-1984. On 16-10-1984 an interlocutory application was filed by the revisionist herein to try the preliminary objection on issue No. 6. It was turned down by the trial Court stating inter alia as under :"in the present suit the learned counsel for the plaintiff represented that he has no oral evidence at all and the entire case depends on the documents which are filed on behalf of the plaintiff in the Court. Th










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