RAMASAMY CHETTY Vs. KARUPPAN CHETTY

JUDGEMENT

(1.) Plaintiff s father and the 3rd defendant were doing business as moneylenders in partnership at Kuala Lumpur under the name and style of S.L.V. The 1st defendant was engaged as an agent to conduct the business of the firm for three years and he executed the usual salary chit to the 3rd defendant on the 3rd of November 1903. He transacted the business of the firm as such agent till about the end of the year 1907 and came back to India in the beginning of 1908.

(2.) The 3rd defendant released his interest in the partnership to the plaintiff s father, Plaintiff s father is dead and the plaintiff is now the sole owner of the firm.

(3.) The suit is instituted to take the accounts of the agency. A preliminary decree was passed for an account and in pursuance of that decree statements of accounts were filed, and the plaintiff after the examination of the accounts charged the 1st defendant with misconduct in respect of particular loans which have since become irrecoverable and sought to recover their amount from him. The Subordinate Judge of Ramnad has disallowed the claim as to most of the items and the plaintiff appeals in respect of some of them.