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1986 Supreme(Mad) 304

SWAMIKKANNU
S. Muthiah (2 defendant) – Appellant
Versus
V. Dhanakodi (Plaintiff) – Respondent


Advocates Appeared:
K. Sarvabhauman and Miss. Usha Rani for Applt.
M. Krishnamurthy, for Respts.

Judgment :-

1. The case of the plaintiff in the suit, which was filed in forma pauperis , is briefly as follows:— The plaintiff had been dealing in iron and steel under the name and style of “Sri Vijay Steels” at Tiruchirappali. The first defendant, as proprietor of Ganga Industries, placed orders for supply of iron materials with the plaintiff and the plaintiff also supplied materials in pursuance of these orders. The supply of goods made to the first defendant was on credit basis. The second defendant, who is a relation of the first defendant, stood guarantee for the supply of materials and for the payment of its value. All the supplies made to the first defendant and the payments made by him have been entered in the accounts duly maintained by the plaintiff in the usual course of his business. A sum of Rs. 11,077-23 P. was the balance due from the first defendant for his dealings with the plaintiff during the period from 10th December, 1975 to 5th May, 1976. The second defendant as guarantor issued cheques to the plaintiff drawn on the Bank of Madura Limited in favour of the plaintiff for Rs. 4,000 and Rs. 3,000 on 10th February, 1976 and 13th February, 1976 respectively, but tho













































































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