THE HONOURABLE DR.JUSTICE G.RADHA RANI C.C.C.A.No.157 of 2002

JUDGMENT:

This appeal is filed by the appellant - defendant No.2 aggrieved by the judgment and decree dated 29.12.2001 passed in O.S.No.952 of 1993 by the learned V Senior Civil Judge, City Civil Court, Hyderabad.

2. The respondent No.1 is the plaintiff and the respondent No.2 is the defendant No.1. The appeal was dismissed for default against respondent No.2 - defendant No.1 on 21.10.2011.

3. The parties are hereinafter referred as arrayed before the trial court.

4. The respondent No.1 - plaintiff initially filed the suit against the defendant No.2 alone for recovery of an amount of Rs.4,22,769/- under Order XXXVII Rule 2 of CPC which contemplates summary procedure. Subsequently he impleaded the respondent No.2 - defendant No.1 as per the orders in I.A.No.1799 of 2000 dated 15.02.2001.

5. The plaintiff contended that the plaintiff was a registered firm carrying on business of supplying poultry feed under the name and style of M/s.Sri Satya Sai Chemicals and Feeds represented by its proprietor Sri K.V.S.S.Prasad Rao and the defendant was a company represented by Sri Y.Mohan Rao doing business of poultry under the name and st