BABA COMMERCIAL SYNDICATE Vs. CHANNAMASETTI DASU

JUDGEMENT

(1.) This revision petition is directed against the judgment of the Subordinate Judge, Narsapur, given on 18-7-1964 where by he allowed the appeal and dismissed the plaintiffs suit.

(2.) The necessary facts are that the plaintiffs petitioners before me filed the suit for recovery of a sum of Rs. 628-81 nP. from the first defendant being the balance of principal and interest due on u promissory note, Ex. A-l, dated 14-10-1959, executed by the first defendant in favour of the plaintiffs for Rs. 900 and another sum of Rs.314 due as balance of the amount due on Chit No. 7 as per the account maintained in regular course of business by the plaintiffs. The second defendant was the partner of the firm. He was impleaded although it was alleged by the plaintiffs that the second defendant had given up his rights in the firm by virtue of a letter in favour of the second plaintiff. The first plaintiff is the firm, the second plaintiff being the sole surviving partner of the firm said to have been dissolved.

(3.) The first defendant raised number of pleas. I am not, however, concerned with most of them. The only contention with which 1 am concerned is that the defendant raised an objection that the previous decision in O.S. No. 124 of 1961 operates as res judicata. He, therefore, demanded that the plaintiffs suit should be dismissed on that account.