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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
Ashok Saw Mill – Appellant
Versus
A.Chellappa &Co. – Respondent
| Table of Content |
|---|
| 1. factual background of commercial dispute (Para 1 , 2) |
| 2. defendants' defenses and claims (Para 4 , 5) |
| 3. defendants contested jurisdiction and limitation (Para 6 , 10 , 14) |
| 4. appellate court's examination of original decisions (Para 9 , 11 , 12) |
| 5. judicial discretion under section 149 cpc (Para 17 , 19 , 22) |
| 6. final verdict restoration of trial court decision (Para 36 , 38) |
JUDGMENT
The Second Appeal is directed against the judgment and decree made in A.S.No.77 of 2011, dated 14.03.2014, on the file of I Additional District Court, Tirunelveli, reversing the judgment and decree passed in O.S.No.41 of 2007, dated 30.09.2011, on the file of the Principal Subordinate Court, Tenkasi.
2. The appellants are the plaintiffs, who filed the suit for recovery of the balance amount due from the defendants in respect of their commercial transactions.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.
4. The case of the plaintiffs is that the first plaintiff is a partnership firm, in which the other plaintiffs are its partners, and that they are engaged in the business of sale of imported wooden logs
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