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1975 Supreme(Mad) 251

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
M. C. S. Rajan and Company – Appellant
Versus
National Nail Industries, Tiruchirapalli and others – Respondent


Advocates:
N.S. Raghavan, for Appellant.
T.R. Rajagopalan, (Amicus Curiae), for Respondents.

Ramprasada Rao, J.-A very short question arises in this appeal. Plaintiff filed a suit for recovery of money due on accounts. The plaintiff was admittedly a sole proprietary concern of which one Padma-nabhan was the sole proprietor. He was trading under the name and style of M.C.S. Rajan & Company. He had a Manager by name Narayanan. The defendants owed on account and dealings a sum of Rs. 22,361.83. As per the books of accounts, the amount due was arrived at and the plaintiff claimed interest at 12 per cent. per annum on the outstandings so struck in the accounts. The plaintiffs gave notice Exhibit A-2 prior to the suit and the defendants replied that so much amount was not due as the goods were priced at a very high rate not agreed to specifically between the parties. The plaintiff, therefore, on the basis of his accounts came to Court. While instituting the suit, the cause title was correctly given as M.C.S. Rajan and Company and in paragraph 1 thereto, the Company was described as the sole proprietary concern of Padmanabhan. It was also stated that the suit was being filed by its Manager M.A. Narayanan. Obviously, this was done since the claim will be barred by limitation, if t





























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