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1958 Supreme(AP) 109

JAGMOHAN REDDY, N.KUMARAYYA
Ramani Raji Moholi – Appellant
Versus
Todanpuri Maniah – Respondent


( 1 ) THIS Second appeal arises out of a money suit brought by Ramuniraja Mouli against Thodapnure Manayya which was decreed in part by the trial court but was wholly dismissed by the Appellate Court. Plaintiffs case was that he and the defendant are traders, that the defendants father and thereafter the defendant himself had money dealings with him and that as a result of accounting a sum of Rs. 4,5247-was found due which the defendant in spite of demand failed to pay. The defendant admitted that there were dealings between his father and the plaintiffs firm but denied his liability to any extent and raised several objections as to the maintainability of the suit. His objections are that as there were three partners in the plaintiffs firm the suit by the plaintiff alone is not maintainable, that it was barred by limitation and that in any event he is not entitled to interest as there was no agreement in that behalf. Though the suit as brought related to several items, having regard to the fact that some of these items were evidently time-barred at the time of trial, plaintiff limited his claim only to four items which are said to be the advances made between the period 1-5-1948 an






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