KOTA SREEVALLI Vs. CHINNI SEETHARAMAIAH

JUDGEMENT

(1.) DEFENDANTS 3, 4, 5, and 8, in O. S. No. 132 of 2000, on the file of the Additional Senior Civil Judge, Ongole, are the petitioners. They feel aggrieved by the judgment and decree dated 28-3-2003, passed in that suit.

(2.) RESPONDENTS 1 to 8 filed the suit for recovery of certain amount, on the strength of as many as 17 pro-notes, marked as Exs. A-1 to A-17, executed between 18-7-1994 and 16-5-1996. Most of the pro-notes were said to have been executed by a firm, known as "Andhra Coffee and Flour Mills", of which the petitioners and respondents 9 to 12 are said to be partners. The pro-notes were said to have been signed by the then Managing Partner, Mr. Kota Narasimhan, who is since dead. The pro-notes in turn, were executed, in favour of respondents 1 to 8, with different combinations.

(3.) SRI T. Ravi Kumar, learned counsel for the petitioners, submits that though a regular appeal, under Section 96 C.P.C., is maintainable against the decree in question, the petitioners are compelled to approach this Court, under Article 227 of the Constitution of India, because of the serious procedural irregularity, committed by the trial Court. He submits that though not a single witness was examined, the suit was decreed, and that the Court did not seriously consider the objection, as to misjoinder of causes of action. He further submits that the suit was filed in the year 2000, in relation to the pro-notes that were said to have been executed, between 1994 and 1996, and the trial Court brushed aside the contention, as to the limitation, only on the ground that one of the partners had acknowledged it, without naming the person who is said to have acknowledged, much less, recording a finding thereon.