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1958 Supreme(Mad) 340

GANAPATIA PILLAI, P.V.RAJAMANNAR
Wazir Sultan & Sons – Appellant
Versus
P. Satchithananda Rao – Respondent


Advocates:
K. Rajah Ayyar and R. Rangachari, for Appellant in both appeals.
T. M. Krishnaswami Ayyar and T. R. Srinivasan Ayyangar, for 1st Respondent in C.C.C.A. No. 15 of 1957.
A. Seshachari and A. Srivisan, for 2nd Respondent in both appeals.
V. N. Srinivasa Rao, for 1st Respondent in C.C.C.A. No. 16 of 1957.

Rajamannar, C.J.-

These two appeals arise out of two suits filed originally in this Court on its Original Side (C.S. Nos. 103 and 183 of 1954) and subsequently transferred to the City Civil Court at Madras where they were numbered as O.S. Nos. 1456 and 1463 of 1955 respectively. Both the suits were tried together by the learned Additional Judge of the City Civil Court and decreed as prayed for. The first defendant in the two suits is the appellant in the two appeals before us. O.S. No. 1456 of 1955 is a suit to recover a sum of Rs. 26,798-4-7 alleged to be due for balance of principal and interest in respect of a promissory note executed on 1st March, 1951, by the first defendant, Ms. Wazir Sultan & Sons, a firm of merchants carrying on business at Hyderabad, in favour of the second defendant, Shyamala Industrial Corporation, Ltd., a private limited company, for Rs. 32,691-5-2 O.S. (that is, Hyderabad currency) and assigned by the second defendant to the plaintiff, Karlapaty Syamlamba, on 15th January, 1954. The following are the material allegations in the plaint. On 1st March, 1951, the defendants settled their accounts in respect of a partnership business carried on by them at S
























































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