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1958 Supreme(Ker) 143

KOSHI, VARADARAJA IYENGAR
Vulson – Appellant
Versus
Kelukutty – Respondent


Judgment :-

1. These two appeals are by the common defendant in two connected suits O. S. Nos. 50 and 53 of 1954 on the file of the Subordinate Judge of Kozhikode and are directed against two similar orders passed by the court below, refusing his motion to set aside the award made in favour of the plaintiffs by the sole arbitrator in the case.

2. O. S.50 of 1954 was instituted by two plaintiffs, viz. (1) K. Kelukutty-a partnership firm and (11) K. Kelukutty one of the partners of the 1st plaintiff-firm. The plaintiffs in O. S.53 of 1954 were similarly the firm of U.K. Sankunny and U.K. Sankunny a partner thereof. O. S.50 of 1954 was for recovery of Rs. 6300 with interest and costs from the sole defendant C. C. Vulson, on the basis of a pro-note dated 27-5-1951 executed by the latter, in favour of the 2nd plaintiff, K. Kelukutty. O. S.53 of 1954 was based on a pro-note, of same date and for same amount and executed by the same defendant but in favour of Sankunny the 2nd plaintiff in that suit. In both suits, the plaintiffs averred that the consideration for the pro-notes concerned, moved from the respective 1st plaintiff-firms, though the 2nd plaintiff in each actually paid the same.











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