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1975 Supreme(Mad) 255

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


Judgement

RAMAPRASADA RAO, J:. - A very short question arises in the appeal. Plaintiff filed a suit for recovery of money due on accounts. The plaintiff was admittedly a sole proprietary concern of which one Padmanabhan was the sole proprietor. He was trading under the name and style of M. C. S. Rajan and 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 annum on the outstandings so struck in the accounts. The plaintiffs gave notice Ex. 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




























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