S.SANKARASUBBAN, A.LEKSHMIKUTTY
C. T. Joseph – Appellant
Versus
I. V. Philip – Respondent
SANKARASUBBAN, J.:- Both these appeals are filed against the judgment and decree in O.S. No. 258 of 1985 on the file of the Subordinate Judge's Court, Kottayam. A.S. No. 180 of 1991 is the appeal filed by the plaintiff, while A.S. No. 105 of 1991 is the appeal filed by the fourth defendant. The suit was filed for realisation of Rs. 2,06,985/-. The case of the plaintiff is as follows :
2. First defendant is a Partnership Firm carrying on the business of dealers in rubber in Paika. Defendants 2 to 6 are its partners and they are close relatives. The plaintiff was having dealings with the first defendant - Firm for more than 10 years. On a final settlement of accounts arrived at between the plaintiff and the first defendant represented by its partner the fourth defendant on 19-8-1985 the amount due to the plaintiff from the first defendant - Firm was settled at Rs. 2,06,985/-. The fourth defendant handed over to the plaintiff a cheque for the said amount drawn on Grindlays Bank, Wellington Island Branch, Cochin duly signed by the second defendant. When the cheque was presented on the request of the fourth defendant during the third week of October, 1985, it was dishonoured. Th
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