BHARATH TRUST Vs. D DIVAKARA RAO

JUDGEMENT

(1.) The plaintiff in O.S. No. 957 of 1983,Munsiff's Court, Cherthala, is the revision petitioner. The suit was filed for recovery of money from the respondent defendant. The plaintiff is a registered firm. The Managing Partner, Mr. Salim, filed the suit on behalf of the firm. The suit was for recovery of the balance amount of Rs.859.80ason 8-3-1980. The defendant had obtained a loan of Rs.10,000/- on 30-3-1976, with an agreement to repay it with 18% interest. For the balance due as on 8-3-1980, the defendant agreed to pay 19% interest. The plaintiff alleged that the defendant gave two postdated cheques on 28-4-1982. The cheques are dated 30-4-1982 and 16-5-1982. The cheques were dishonoured. The plaintiff initiated two criminal cases futilely. In spite of demand, the defendant did not pay the amount due. So, the suit was filed.

(2.) The defendant contested the suit. He pleaded that the suit is not maintainable. The loan from Bharath Trust, the firm, was admitted. It was pleaded that the plaintiff is not competent to represent the said firm. The balance, as on 8-3-1980, was denied. The amounts due as per the loan transaction were paid in full. The suit is barred by limitation. The defendant never agreed to pay 19% interest. No cheque was given on 28-4-1982. The cheques mentioned in the plaint were given as security on a different count. They are not supported by consideration. The plaintiff is not entitled to present those cheques to the bank. There is no cause of action for the plaintiff. The statement of accounts shown by the plaintiff is incorrect. The defendant is entitled to compensatory cost of Rs. 500/-.

(3.) As many as nine issues were raised by the Trial Court. In the way the events have turned out, it is sufficient to concentrate on Issue Nos. 1 and 8 for disposing of this revision. The arguments centred round only on the aspects covered by the said issues. The issues are as follows: