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2006 Supreme(Ker) 397

R.BHASKARAN, K.T.SANKARAN
Madappillil Brothers – Appellant
Versus
Ullattil Agencies – Respondent


Judgment :-

Bhaskaran, J.

Defendants in O.S.No.961 of 1994 on the file of the Principal Sub Court, Kottayam, are the appellants in the appeal. The suit was for realisation of money allegedly due from the defendants to the plaintiff. The plaintiff is a partnership firm engaged in money lending business. The amounts are claimed from different defendants on different accounts and a single suit is filed in respect of all the accounts. Defendants 1 to 3 are partnership firms of which defendants 4 to 6 are partners. 7th defendant is also a partner of the 3rd partners defendant firm and he is not a partner of other partnership firms. The trial court has granted a decree almost in terms of the prayer in the plaint.

2. The case of the plaintiff is as follows. At the request of defendants 1, 4, 5 and 6 for credit facility to carry on their business under the name and style “M/s. Madappallil Brothers”, the plaintiff sanctioned a loan of Rs.3,00,000/- on 26-5-1986, another loan of Rs.1,00,000/- on 21-11-1986 and yet another loan of Rs.1,08,333.33 on 9-5-1987 in the account of the 1st defendant. Defendants 1, 4, 5 and 6 executed demand promissory note for Rs.3,00,000/- on 26-5-1986, another promi



































































































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