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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
JIMMY ELIAS – Appellant
Versus
THE TATA IRON & STEEL CO.LTD. – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim concerns credit purchase debts. (Para 2 , 3 , 4 , 5) |
| 2. issues on procedural adherence and proof of accounts. (Para 9 , 17 , 18) |
| 3. definition of mutual accounts under the limitation act. (Para 10 , 12 , 14 , 15) |
| 4. judicial determination of partner's liability and decree. (Para 22 , 23 , 24) |
JUDGMENT :
Sathish Ninan, J.
The decree in a suit for money is under challenge in these appeals. R.F.A.No.375 of 2012 is by defendants 1 and 4 and R.F.A.No.198 of 2012 is by the 2nd defendant.
2. The plaintiff company is engaged in the manufacture and sale of iron and steel. The 1st defendant partnership firm is its authorised dealer. Defendants 2 to 4 are arrayed as the partners of the 1st defendant firm.
3. According to the plaintiff, the 1st defendant purchased goods on credit and there was an open, mutual and current account between the parties. Payments were defaulted since the year 1997. The last payment made by the defendants was an amount of Rs.52,250/- on 19.02.1998. The suit is filed claiming an amount of Rs.80,74,224/-, including the principal amount of Rs.47,29,420.99/- and interest thereon till the date of suit.
4. The 1st defendant did not dispute abou
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