PARTHASARATHI
M. J. Velu Mudaliar – Appellant
Versus
Sri Venkateswara Finance Corporation – Respondent
( 1 ) THIS appeal arises out of an action for recovery of money on foot of hair purchase agreement entered into by the defendants who are father and son. The plaintiff is a firm styled Sri Venkateswara Finance Corporation. and is represented by three persons described as managing partner, The case of the plaintiff is that the 1st defendant is the hirer and his son, the 2nd defendant is the guarantor, who are liable to make payments in 12 monthly installments from 29-1-1963 and that there was default on the pat of the defendant who paid only two paltry summons of Rupees 500/- and Rs. 318. 00 and that the plaintiff had to pay insurance premium to the tune of Rs. 577/50 Ps. because of the omission o the defendants. Reimbursement is sought in respect of the insurance premium. the defendants failed to satisfy the liability on demand and hence the suit was filed.
( 2 ) THE defendants challenged the maintain ability of the suit on the ground that the partnership was not registered under the Indian Partnership Ac, and that the names of the partners who are suing were not entered as such in the certificate of registration. They dent that the truncation is one of hire purcha
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