SURESH MAHAJAN Vs. MYVENEERS BANGALORE

JUDGEMENT

(1.) these two appeals arise out of judgment and decree in o.s No. 93/1975, on the file of civil judge, civil station, Bangalore. Plaintiffs suit based on promissory note, is decreed against defendant-2 and dismissed against defendant-1. Defendant-2 has filed r.f.a. No. 143/1979 and plaintiff has filed r.f.a. No. 193/1979. Defendant-2 is the son of defendant-1.

(2.) second defendant was one of the partners in M/s. Myveneers (herein after called as firm). M.s. lakshman gupta, who represents the firm, was the managing partner. The managing partner and the other partners suspected that second defendant had misappropriated certain amounts and has overdrawn the amounts from the firm. On 2-12-1974, second defendant retired from the firm, but, his father (defendant-1) states that he ceased to be the partner from 1-10-1974. On 20-11-1974, the firm, by its managing partner, filed a complaint before metropolitan magistrate, vi court, Bangalore, alleging commission of offences of falsification of accounts and misappropriation. That case was dismissed as withdrawn in December 1974.

(3.) in the suit filed on 11th june, 1975, the firm sought for a decree for rs.32, 930-60, inclusive of interest calculated at 18% per annum on Rs. 30,212-60/-. The suit was based on promissory note for Rs. 30,212-60 executed by both the defendants on 2-12-1974. It is alleged that first defendant had promised to make payments; since he failed, plaintiff sent a letter on 8-2-1975 (ext. D-5) which was replied by the first defendant on 12-2-1975 (ext. D-6); while admitting execution of pronote it was stated that the pronote was not supported by consideration and was on the assurance that the accounts will be shown. Plaintiff was given a bank draft for Rs. 20,000/- on 2-12-1974, as part of settlement in view of this reply, plaintiff got issued a lawyer's notice on 19-2-1975 (ext. D-7)