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1978 Supreme(Mad) 539

GOKULAKRISHNAN, VARADARAJAN
A. K. A. CT. V. CT. Meenakshisundaram Chettiar – Appellant
Versus
A. K. A. CT. V. CT. Venkatachalam Chettiar – Respondent


Advocates:
R. Kesava Ayengar for M/s. D. Peter Francis and B.G. Umakanthan, for Petitioner; M.R. Narayanaswami and K. Subramanian, for Respondent.

Judgement

VARADARAJAN, J.:- This petition under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure is by the Appellant for amendment of the plaint by omitting the words (1) "and nothing more" occurring in para 8(2) "and pay the Plaintiff the amounts that are still with him less the amounts already paid" occurring in para 9 and (3) "much more will be due" occurring in para 12 of the plaint.

2. The petitioner's suit before the Sub Court, Devakottai was for directing the respondent-defendant to render account of all the transactions made by the defendant as the plaintiff's agent from 22-1-1965 and also for all the amounts received by the Defendant on the plaintiff's behalf as his agent including the amount received from one Alagappa and to pay the petitioner whatever may be found to be due to him. According to the plaint the plaintiff, the defendant and their two brothers Alagappa and Annamalai were partners of A.R.A.CT.V. Firm carrying on business at Kuala-Lumpur each of them having one-fourth share. On 22-1-1965 the plaintiff executed a general power of attorney at Karaikudi in Tamil Nadu authorising the defendant to transact all his business, sell his properties an

















































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