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M.SESHACHALAPATI
Sree Rama Varaprasada Rice Mill – Appellant
Versus
Takurdas Topandas – Respondent


SESHACHELAPATI, J.

( 1 ) 1. This Second Appeal is against the decision of the learned Additional District Judge, East Godavari, in A. S. 42 of 1953 on his file which in turn arises out of O. S. No. 25 of 1951 on the file of the Subordinate Judges Court, Rajahmundry. 2. The defendants 1 and 2 in the suit are the appellants in this appeal. The 1st defendant is a registered partnership firm doing business at Tade-pallingudam under the name and style of Sree Rama Varaprasada Rice Mill and Prabhat Oil Works. The second defendant is the Managing partner of the 1st defendant-firm. Defendants 3 to 7 are the other partners of the firm. In this appeal they have been impleadcd as respondents 4 to 7. On 7-9-1947, the second defendant, who is the second appellant in this appeal, executed two hun-dies (Ex. A-1 and A-2) as the Managing partner of the 1st defendant-firm in sums of Rs. 2,000. 00 each in favour of one Sajjandas Khialdas, a banker doing money lending business at Rajahmundry for consideration. The hundies were payable on sight after 75 days. It is alleged that a contemporaneous agreement was also executed by the defendants on the same day agreeing to pay overdue interest at 15 per cen

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