GURUMALLAPPA Vs. MALLAPPA

JUDGEMENT

(1.) This is a defendant-1's revision against the order dated 22-7-1983 passed by the Munsiff Malavalli, in O.S.No.177 of 1980 allowing I.A.No.3 filed by the plaintiff under Order 6 Rule 17 read with Section 151 C.P.C. and Order 1 Rule 10 C.P.C.

(2.) The facts are as follows : Defendant-1 and Doddegowda, father of defendants-2 and 3, borrowed Rs.2,000/- on 1-1-1975 from Mallappa, son of Malladevaru, and executed a pronote. They again borrowed another sum on 10-2-1975 and executed another pronote in favour of this very Mallappa, son of Malladevaru.

(3.) The plaint was filed in the Court showing the name of the plaintiff as Mallappa, son of Malladevaru. But it was signed by Veerappa, the brother of the plaintiff, and it was also verified by Veerappa, the brother of Mallappa. It is undisputed that the vakalath was signed by Veerappa himself and the vakalath was handed over to the lawyer.