D RADHAKRISHNAIAH Vs. Y GOVINDUDU

JUDGEMENT

(1.) THIS is a petition by D. Radhakrishnaiah to revise the Order of the learned District Munsif, Nellore, in O, S. No. 51 of 1957 giving a finding on preliminary issue No. 4. The relevant facts are as follows : Two plaintiffs filed O. S No. 51 of 1957 on the file of the learned District Munsif, Nellore, impleadiwg seven defendats. Of these, the second defendant it D. Radhakrishnaiah in hii capacity as partner of a firm (Ay/ha Venkata seshiah Oil Company) which included plaintiffs land 2 and also defendants 1 and 2. In the plaint, as originally framed, it was contended that one Aytha Venkataseshaiah (third defendant) was also a patner of this partnership. THIS partnership it hereafter referred to for convenience in this order as plantiff- firm. The first defendant is Aytha Venkataseshaiah. The fourth defendant is another firm called D. Radhakrishnaiah and Aytha Venkatasesbaiah New Account. For convenience, I shall refer to it hereafter as the fourth-defendant firm. In the plaint, as originally framed, it was contended that its partners consisted of Aytha Venkataseshaiah (fifth defendant who wai the same person as the first defendant ), D. Radhakrishnaiah (who is personally identical with the second defendant) and Aytba Venkatarathnam (seventh defendant who is personally identical with the third defendant). In the plaint, the plaintiffs asked reliefs as follows :