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1930 Supreme(Mad) 114

CURGENVEN
Krishnaswami Mudaliar – Appellant
Versus
Manikka Mudali – Respondent


JUDGMENT

Curgenven, J.

1. The defendant has filed this revision petition against the decision of the Subordinate Judge of Coimbatore remanding the suit which was dismissed by the District Munsif of Udamalpet. The only question which arises is whether the judgment in S.O.S. No. 688 of 1925 on the file of the same District Munsifs Court operated as resjudicata. The facts were in brief that the plaintiffs father had been in partnership with the defendant, and that on 16th June 1924 they agreed to dissolve, the defendant taking over some of the assets and the plaintiffs father some of the outstanding in settlement of their mutual claims. The earlier suit was brought against a debtor of the firm and against the defendant here, and it is necessary to look into the terms of the plaint in order to ascertain what exactly the nature of that suit was. After reciting the dissolution of the partnership and what took place on 16th June 1924 the plaint said:

As per the above list (i. e., a list given by the defendant to the plaintiffs father) it is just that a sum of Rs. 152-14-0 together with interest, should be paid by defendant 1 (the debtor). In case the Court is of the opinion that it is not ju





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