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1981 Supreme(Mad) 483

GOKULAKRISHNAN
Victory Laminations – Appellant
Versus
Plastolite Industries – Respondent


Judgement

ORDER :- The defendant in O.S. No.2026 of 1978 on the file of the City Civil Court, Madras is the petitioner herein. The plaintiff in the suit wanted to recover back a sum of Rs. 20,000, being the principal and interest of the amount advanced to the defendant by means of a cheque. The defendant is Messrs. Victory Laminations represented by its partner T. Jayaraman. It raised various contentions in the written statement. The said suit is pending and the petitioner herein filed I.A. No.15485 of 1980 for issue of notice under Order 8-A of the Civil Procedure Code to one T. Shanmugham and S. Jayalakshmi. In the affidavit filed in support of this petition, the petitioner herein has alleged that these parties were partners of Victory Laminations and even before they left the partnership, this cheque was issued by the plaintiff in the suit. It is further contended by the petitioner that these two persons who are sought to be impleaded as respondents are liable to indemnify the petitioner herein and the other partners of the firm. Hence it is prayed that notice under Order 8-A of the Civil Procedure Code, may be issued to the proposed respondents 2 and 3. The trial court, without






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