Chennai Court October 1924 Judgments

Ramasami Alias Palunna Nathan and ors. Vs. M.P.M. Muthiah Chettiar

Court: Chennai

Reported in: 85Ind.Cas.991

1. The facts of this appeal may be-briefly stated.2. The plaintiff, the first defendant's father and two others carried on a partnership business at Zanzibar. Original Suit No. 143 of 1909 was filed in the Subordinate Court of Madura East for its dissolution. In that suit, the present plaintiff was the 5th plaintiff and the father of the present 1st defendant was the 1st defendant. A preliminary decree was passed on 27th October 1909 and a Commissioner was appointed. The temporary Subordinate Court of Ramnad to whose file the suit was then transferred confirmed the report of the Commissioner. Paragraph 6 of the order confirming the report runs as follows: 'It is, therefore, ordered that 1st defendant do forthwith pay into Court the sum of Rs. 2,611-6-3 being the amount found due to the partnership by him, that in default of such payment, the 5th plaintiff is appointed Receiver to realise and collect the said amount with power to bring and defend suits in his own name, etc., (see Ex. D....