K S D SIVA PRASAD PROPRIETOR SUNDARARAJA MILLS MADURAI Vs. K A PADMANABHAN PROPRIETOR SRUSHTI DESIGNS CHENNAI

JUDGEMENT

(1.) IN this application under O.12, Rule 6 of the Code of Civil Procedure, the plaintiff/applicant has prayed for passing an interim judgment and decree directing the defendants/ respondents to pay to him a sum of Rs.18,31,466.05 on the basis of the admission of the liability of the said amount in their letter and statement of accounts.

(2.) THE plaintiff/applicant has filed the above suit for recovery of a sum of Rs.43,21,382.45 together with subsequent interest at 24% per annum and costs. THE suit amount is payable by the defendants/ respondents for the supply of fabrics made by the plaintiff/ applicant on various dates.

(3.) IT is true that O.12, Rule 6 of the Code of Civil Procedure provides for the interim judgment at any stage of the suit either on the application of any party on or his own motion and without waiting for the determination of any other questions between the parties, when the issues of fact have been made either in the pleading or otherwise. But this does not mean that this Court shall ignore the entire written statement and refer to the document dated 9.10.1997 document for passing the interim judgment.