A L GOVINDARAJULU Vs. C R JAGANATHAN

JUDGEMENT

(1.) The plaintiff in O.S.No.715 of 1985 on the file of the Subordinate Court, Coimbatore, is the appellant.

(2.) The plaintiff filed the suit for recovery of a sum of Rs.48,920/- against the defendants 1 to 4 and the suit was decreed as against the defendants 3 and 4 to the extent of properties inherited by them from late C.R.Jaganathan and the suit was dismissed as against the defendants 1 and 2. Aggrieved by the dismissal of the suit against the defendants 1 and 2, the present appeal is filed.

(3.) The case of the plaintiff as seen from the plaint is as follows:- 1st defendant is a Partnership Firm in which the 2nd defendant and his brother C.R. Jaganathan were partners. On 4.11.1982, C.R.Jaganathan, as a partner and on behalf of the Partnership Firm borrowed a sum of Rs.36,000/- from the plaintiff and executed the promissory note agreeing to repay the same with interest at the rate of 12% per annum. The said Jaganathan died on 30.6.1983 leaving behind the defendants 3 and 4 as his Legal Representatives. As the amount was borrowed by the Partnership firm in which the 2nd defendant is a partner, he is also liable to pay the amount and therefore the suit was filed for recovery of the amount as against the defendants.