JAWAHAR TRADING CORPORATION Vs. RAMADAS

JUDGEMENT

(1.) The dismissal of three suits jointly tried and disposed of by the Subordinate Judge, Trichur by a common judgment gave rise to these three appeals by the plaintiffs. Plaintiff in O.S. Nos. 361 and 362 of 1977 is a partnership firm, "Jawahar Trading Corporation". There are three defendants in O.S. No. 61 of 1977 and four in O.S. No. 362 of 1977. Defendants 1 to 3 are common. First defendant in these two suits is the sole defendant in O.S. No. 165 of 1978 filed by one Krishnakumar, who is the husband of the Managing Partner of the firm, which is the plaintiff in the other two suits. In O.S. No. 361 of 1977, the claim is for Rs. 49,000/- due under three pronotes, Exts.A1 to A3, and in O.S. No. 362 of 1977 Rs. 30,500/- due under Ext.A4 pronote is claimed. In O.S. No. 165 of 1978, the transaction is oral loan of Rs. 29,700/-.

(2.) The sole defendant in O.S. No. 165 of 1978, who is the first defendant in the other two suits, alone contested. He is the Managing Director of "Yadava Steels and Allied Industries, Trichur". His contention, in brief, is this. He wanted agency and dealership for Maruti cars in Kerala and for that purpose, as directed by Maruti Limited, he was working as its canvassing agent to get share holders. Krishnakumar wanted shares and for that purpose, entrusted Rs. 1,19,200/- to him by several instalments for being forwarded to Maruti Limited. It was so done. As requested by him, by way of temporary measure till shares are obtained from Maruti Limited, for being shown to the income tax authorities in case of necessity, certain printed forms were filled up, signed and given. Maruti Limited went into liquidation. Therefore, these forms were utilised for manipulating the four pronotes as if they were executed jointly with the other defendants. There was no pronote or loan transaction.

(3.) Accepting the contention of the first defendant, all the three suits were dismissed without costs. Hence these appeals.