LAWS(APH)-1961-7-28

V. ALWAR CHETTY AND OTHERS Vs. MADALA PITCHAIAH NAIDU AND OTHERS

Decided On July 28, 1961
V. Alwar Chetty And Others Appellant
V/S
Madala Pitchaiah Naidu And Others Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the District Judge's Court, Nellore, dated 18th March, 1959 in A. S. No. 114 of 1958 on the file of the said Court, reversing the judgment and decree of the Subordinate Judge's Court, Nellore, in O. S. No. 77/58 on the file of the said Court and directing a remand of the matter for further enquiry by that Court.

(2.) THE facts having bearing on this appeal may be, briefly referred to:

(3.) THE suit was contested by the registered partnership which figured as the plaintiff -decree -holder in O. S. No. 794 of 1953, represented in the suit by the legal representatives of the two partners, who are the appellants herein, on the same lines as they contested E. A. No. 124 of 1955. Mainly they pleaded, that the prior order in I. A. No. 768 of 1953 became final and conclusive, and that order if at all could have been set aside under Article 11 of the Limitation Act within one year from the date of the said order, and that, that order not having been so set aside, could not be questioned in these proceedings.