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1979 Supreme(AP) 28

CHENNAKESAVA REDDY
Vedapalli Suryanarayana – Appellant
Versus
Poosarla Appalanarasimhulu – Respondent


CHENNAKESAV REDDY, J.

( 1 ) THE main question that requires decision in these cases is: whether a plaint presented within the period of limitation with insufficient stamp and the deficit in the stamp duty made good with in the time granted by the Court under Order 7 Rule 11 of the Code of Civil Procedure butafter the expiry of the period of limitation, is liable to be rejected as barred by limitation.

( 2 ) THE facts giving rise to the question are these: The plaintiffs and the defendants in both the suits, O. S. Nos. 516 and 518 of 1970 on the file of the Court of the II Additional District Munsif, Visakhapatnam, are common. The plaintiffs filed O. S. No. 516 of 1970 to recover a sum of Rs. 4,073-76 Ps. being the principal and interest due on a promissory note, Ex. A-5 dpted 9-4-1976 executed by the defendants in favour of the plaintiffs for Rs. 3,500/ -. The suit O. S. No. 518 of 1970 was filed to recover a sum of Rs. 2,909/- being the principal and interest due on a promissory note Ex. A-6 dated 11-4-1976 executed by defendants in favour of the plaintiff-Firm for Rs. 2,500/ -. The suit O. S. No. 516 of 1970 was filed on 5-4-1969 with a nominal Court-fee of Re. 1/ -. The plaint wa
















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