VENKATACHALIAH, J.

( 1 ) THIS appeal, by the unsuccessful plaintiffs, is directed against the judgment and decree dated 29-8-1980 passed in O. S No. 261 /77 on the file of the VII additional Civil Judge, Bangalore, dismissing their suit, for recovery of money, as not maintainable. Defendants-1 to 4 in the suit are respondents-1 to 4, respectively, in this appeal. The parties are hereinafter referred to with reference to their array in the trial-court.

( 2 ) HORACE William Davis, the first plaintiff, is a retired Colonel in the Indian army. The second-plaintiff is his wife. "international Investments and Finance corporation", the first-defendant, is a registered Firm of Partners and defendants-2 to 4 are the Partners. In response to a publication inviting deposits 'from the public issued by the said Firm, the plaintiffs, on 27-12-1972, made a joint deposit with the first- defendant, of Rs. 15,000/ -. The deposit, evidenced by the Fixed Deposit Receipt ex. P 2, was for 36 months and carried interest at 15% per annum. The interest was paid only upto 26-1-1975. The deposit matured for repayment on 27-12-1975. The first defendant Firm not having repaid the deposit, on maturity, plaintif

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