S. Prakash vs Aiswariya Flour Mills Rep. by its Partner

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2878

D. BHARATHA CHAKRAVARTHY
S. Prakash – Appellant
Versus
Aiswariya Flour Mills Rep. by its Partner – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.T.M.Hariharan
For the Respondents: Mr.R.Nalliyappan

JUDGMENT :

This Appeal Suit is directed against the judgment and decree, dated 10.08.2009 passed by the learned Additional District Judge, Fast Track Court No.II, Salem in O.S.No.50 of 2005, in and by which, the suit filed by the appellant/plaintiff for recovery of a sum of Rs.14,57,200/-, though was decreed against the respondents/defendants 1, 3 and 4, was dismissed against the second respondent/second defendant. Aggrieved by the dismissal of the suit against the second respondent/second defendant, the appellant/plaintiff has filed this Appeal Suit. Hereinafter, in this judgment, the parties are referred to as per their array in the suit.

2. The case of the plaintiff is that the first defendant is a partnership firm and the defendants 2 to 4 are its partners. The first defendant firm borrowed a sum of Rs.6,00,000/- from the plaintiff on 20.03.1999 for its business purposes and in consideration thereof, a promissory note was executed by the third defendant as the partner of the first defendant firm along with the fourth defendant promising to repay the same on demand or order with interest at the rate of 24% per annum. However, no amount was repaid. On 08.03.2002, the first defendan