M A HUSSAIN Vs. PANCHAMAL VASUDEV GANAPATH KAMATH

JUDGEMENT

(1.) This is a revision petition filed by the original defendants 2 and 3 against the decree passed by the II Additional Civil Judge, Mangalore, in SCS. No.387 of 1963 under S.25 of the Provincial Small Causes Court Act.

(2.) It is the plaintiff's case that M|s. Panchamal Vasudev Ganapath Kamath & Bros., is a registered partnership firm. The suit has been filed by the firm and in the name of the firm by its partner Sri Panchamal Vasudev Kamath. The case of the plaintiff is that defendants 1 to 3 who were doing business in the name and style of " National Trading Co., Bunder, Mangalore" purchased from the plaintiff goods worth Rs.4,077-87 on credit on 6-10-1960. The defendants having paid only a sum of Rs.2,400 they are, according to the plaintiff, liable to pay the balance of Rs. 1,677-87 P. and interest thereon.

(3.) Defendant No.1 denied his liability by contending that he was never a partner of 'National Trading Company' and that he had no dealings in any capacity with the plaintiff. The lower Court accepting the case of defendant No.1 has dismissed the suit as against defendant No.1. That part of the decree has not been challenged by the plaintiff and hence the same has become final.