UNION BANK OF INDIA Vs. SIX STAR HOSIERIES

JUDGEMENT

(1.) THIS appeal has been preferred by the plaintiff in O. S. No. 245 of 1983 on the file of the Sub-court, Tirupur, in so far as the trial court had exonerated the fourth defendant decreeing the suit against all the other defendants. Heard learned counsel appearing for the appellants. Mr. Viswanatha Rao appears for respondent No. 4. Though the other respondents have been served with the notice in the above appeal they have not appeared.

(2.) THE point raised in this appeal lies in a narrow controversy and it may not be necessary to set out the details of the pleadings in the suit since it is not necessary to go into other issues, which have been answered in favour of the appellant. For convenience sake the parties to this appeal will be referred as arrayed before the trial court. THE plaintiff instituted the suit for recovery of a sum of Rs.1, 24, 085.44 with interest at 14 per cent p. a. being the amount due advanced on a mortgage. Defendants Nos. 2 to 6 are the partners of the first defendant firm.

(3.) THE points that arise for consideration in this appeal are: