Kerala Court June 1974 Judgments
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Kurian Vs. the Alleppey C.C.M.S. Society
Court: Kerala
Decided on: Jun-05-1974
Reported in: AIR1975Ker44
Chandrasekhara Menon, J.1. The respondent, in this appeal, had instituted a suit for alleged balance due in the price of coir said to have been purchased by the 1st defendant, a firm. Defendants 2 to 5 were alleged to be partners of the firm. In the suit, the plaintiff (respondent herein) took out attachment before judgment of the goods belonging to the firm. The third defendant -- the present appellant -- got the attachment released by executing a surety bond, marked as Ex. P-1 in this proceedings, by which he made himself liable for payment of the amount that might be found due to the plaintiff from the 1st defendant and the second defendant (who was described in the said bond as the sole proprietor of the 1st defendant-firm), in the decree to be passed in the suit in case the said amount could not be realised from defendants 1 and 2. The suit bond was filed in court on 15-7-1957. On 20-9-1957, plaintiff and defendants 1 and 2 compromised the suit by filing a petition marked as Ex. B...
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