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1968 Supreme(AP) 149

C.KONDAIAH
THAMMA PEDA THATAYYA – Appellant
Versus
BHAGWANDAS ATMASINGH – Respondent


C. KONDAIAH, J.

( 1 ) THIS appeal by the 6th defendant is directed against the judgment of the subordinate Judge, Vijayawada, granting a decree against him along with the other defendants for the recovery of Rs. 10,845/- on the basis of a letter of guarantee executed on 31-1-1962 by him along with the defendant Nos. 2 and 5. It is averred in the plaint that on 5-7-1962, the 2nd defendant, for and on behalf of the 1st defendant-firm, of which the defendant Nos. 2 to 6 are the partners, borrowed from the plaintiff a banker and money-lender at vijayawada, a sum of Rs. 10,000/- under Exs. A-10 to A-12 hundies, payable by 3-10-1962, on the strength of the two letters on continuing guarantee exs. A-9 and A-1 executed by the defendant Nos. 2 to 5 on 30-10-1962 and the defendant Nos. 2, 5 and 6 on 31-1-1962 respectively and also executed another letter Ex. A-13 acknowledging the receipt of Rs. 10,000/- and agreeing to pay interest at the rate of 18% per annum from the due date. The plaintiff had to pay the amount to the Indian Bank and take the hundies, as the difcndants failed to honour the same. There was no reply from the defendant Nos. 1 to 5 to the telegraphic notice Ex:a-2 issued by t










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