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1992 Supreme(Ker) 248

PARIPOORNAN
Bharath Trust – Appellant
Versus
Divakara Rao – Respondent


Judgment :-

The plaintiff in O.S. No. 957 of 1983, Munsiffs Court, Cherthala, is the revision petitioner. The suit was filed for recovery of money from the respondent-defendant. The plaintiff is a registered firm. The Managing Partner, Mr.Salim, filed the suit on behalf of the firm. The suit was for recovery ofthe balance amount of Rs.859.80 as on 8-3-1980. The defend am had obtained a loan of Rs.10,000/- on 30-3-1976, with an agreement to repay it with 18% interest. For the balance due as on 8-3-1980, the defendant agreed to pay 19% interest. The plaintiff alleged that the defendant gave two post-dated cheques on 28-4-1982. The cheques are dated 30-4-1982 and 16-5-1982. The cheques were dishonoured. The plaintiff initiated two criminal cases futilely. In spite of demand, the defendant did not pay the amount due. So, the suit was filed.

2. The defendant contested the suit. He pleaded that the suit is not maintainable. The loan from Bharath Trust, the firm, was admitted. It was pleaded that the plaintiff is not competent to represent the said firm. The balance, as on 8-3-1980, was denied. The amounts due as per the loan transaction were paid in full. The suit is barred by limitation.















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