(1.) Plaintiff is the appellant. The suit was laid for recovery of Rs. 77,960-86 on the basis of a settled account from the first defendant firm. The other two defendants are the partners of the said firm.
(2.) The plaint case is that the firm consisted of Jami Suryanarayana and his five sons, that Suryanarayana died and that the said fact was informed to the Registrar of Firms. The present suit is filed by one of the partners who is managing the affairs of the firm.
(3.) The defence is that the debt is not true, the account is false and the plaintiff is liable to pay certain amount towards the loss sustained by the defendants. An additional plea also was raised that the suit is not maintai nable, as the legal representatives of the deceased partner were not added as parties.