ORAL COMMON JUDGMENT

(per the Hon’ble Mr.Justice

D.S.R. Varma)

Though the matter is listed under the caption “interlocutory”, since the matter has been heard at length, with consent of the learned counsel appearing for both sides, the main appeal itself is being disposed of by this common judgment.

2.The application C.C.C.A.M. P.No.239 of 2006 is filed under Order XLI Rule 27 of the Code of Civil Procedure (for brevity “C.P.C”) seeking to receive the documents as additional evidence on record and to mark the same on behalf of the petitioner.

3. The Petitioner in C.C.C.A.M.P.No.239 of 2006 and the appellant in C.C.C.A.No.253 of 2004 is the plaintiff and the respondent in both the application in C.C.C.A.M.P.No.239 of 2006 and C.C.C.A.No.253 of 2004 is the defendant in the suit.

4. For the sake of convenience, in this common judgment, the parties will be referred to as per their array in the suit.

5. The plaintiff is a registered firm. The suit is filed by the plaintiff for recovery of money based on certain works undertaken by it. The defendant is a registered Contractor.

6, The case of the plaintiff is that the defendant was admitted as a partner in the firm; that after procuring contrac

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