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1993 Supreme(Mad) 387

PRATAP SINGH
Sri Ayyappan Bleaching Factory by its Proprietor K. Pushpanathan, Erode – Appellant
Versus
Family Manager, M. Palaniappan, Erode – Respondent


Advocates Appeared:
S. Subbulakshmi, for Petitioner.
S. Jagadeesan, for Respondent.

Judgment :-

This civil revision petition is directed against the judgment in A.S.No.140 of 1985 on the file of District Judge, Periyar District at Erode, confirming the judgment in O.S.No.732 of 1982 on the file of the District Munsif, Erode.

2. The short facts are: The respondent had filed suit against the revision petitioner for money due on accounts. That was resisted by the revision petitioner on many grounds. He contended that the suit was not maintainable, and that the plaintiff was not a proprietary concern. After trial the learned District Munsif had rejected the contentions put forth by the defendant and had decreed the suit. Aggrieved by the same, the defendant had filed appeal in A.S.No.140 of 1985. After hearing the parties, the learned District Judge had dismissed the appeal and had confirmed the judgment of the trial court. Aggrieved by the same, the defendant has filed this revision.

3. Mrs.S.Subbulakshmi, the learned counsel •appearing for the revision petitioner would submit that the suit has been filed in the name of wrong person and on that score it is liable to be dismissed. She would submit that the suit was filed as if the plaintiff is a proprietary concern. But










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