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2006 Supreme(Ker) 880

K.S.RADHAKRISHNAN
Navabharath Kuries Trading Co. – Appellant
Versus
C. E. Job – Respondent


ORDER

1. Common questions arise for consideration in both the revision petitions and hence I am disposing of these cases by a common order.

2. Revision petitioners herein filed two suits, O. S. Nos. 87 and 91 of 1999 before the Principal Munsiff's Court, Kochi for recovery of Rs. 6,500/- each from the defendants towards subscription to prized chitty transactions. Plaintiff is a firm registered under the Indian Partnership Act with its Head Office at Karuvelipadi, Kochi. Firm was stated to be represented by its Managing Partner by name Joseph Kunjamparambil. Contention was raised before the Trial Court that the suits are not maintainable on the ground that the signatory to the plaint has no right to represent the firm being not the Managing Partner. Objection was raised on the footing of S.69(2) of the Indian Partnership Act. The Trial Court found that the plaintiff firm had failed to prove the Managing Partner who had filed the suits was the Managing Partner at the time of filing the suits. Holding so both the suits were dismissed against which appeals were preferred before the lower appellate court. Appeals were also dismissed.

Hence these revision petitions have been filed.

3. Revisi



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