( 1 ) THE appellants before this court were defendants in the trial Court. The plaintiff filed a suit for recovery of a sum of Rs. 15,640 I. G. The suit was filed by a firm by name "gonal Basangouda basavarajappa Rajendra Ganj, Raichur" through owner Mahadevappa. The case of the plaintiff was that the father of the defendants was running a Dalal shop at Raichur and for the purposes of his trade, obtained the said loan, after signing in the account books of the firm; that the deceased father of the defendants did not return the loan in spite of several demands and after his death, since the defendants also failed to pay the amount, the suit against the defendants had to be filed. The main contention of the defendants was that the suit was not maintainable as it was a partnership firm and Mahadevappa was not its sole proprietor. The defendants also denied that their deceased father took the loan.

( 2 ) THE learned Civil Judge, after recording fully the evidence, dismissed the suit merely on the preliminary ground that the suit is not maintainable. He held that there was no evidence as to who were the partners of the said firm and there was nothing to show that the plaintiff had got

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