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1980 Supreme(Ker) 281

P.SUBRAMONIAN POTI, V.KHALID
M. Rajagopal – Appellant
Versus
K. S. Imam Ali – Respondent


Advocates:
C.M. Devan, for Appellant; K. Chandrasekharan, P.N.K. Achan, K. Vijayan, N.N. Sugunapalan and N. Nandakumaran, for Respondent.

Judgement

KHALID, J.:- Defendants 2, 3, 5, 6 and 7 are the appellants in this appeal. Original 1st defendant died pending suit. 4th defendant is his mother, 5th defendant his wife and defendants 6 and 7 his minor children. The suit from which this appeal arises was filed to recover amounts due to the plaintiff on 5 promissory notes. The plaintiff's case was that the amounts as per the promissory notes were taken for the purpose of, a partnership firm, K.M.S. Bus Service by name run by defendants 1, 2 and 3 of which the 1st defendant was the Managing Partner. Four promissory notes were executed by the 1st defendant and the 5th promissory note by defendants 1 and 2. Defendants contended that the suit was barred by limitation and in any case the partnership firm cannot be made liable for the promissory note amounts. The trial court held that the plea of limitation was not available to the defendants since there was an acknowledgment of the liability as per the promissory notes by defendants 1, 2 and 3 in an agreement dated 27-12-1970 to which they were parties. It was also held that all the defendants were liable for the suit amount. Hence this appeal.

2. The details of the promissory n


































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