O.CHHINNAPPA REDDY, P.JAGMOHAN REDDY, M.SESHACHALAPATI
Katragadda Ramayya – Appellant
Versus
Kolli Nageswararao – Respondent
( 1 ) MANOHAR Pershad, J. (as he then was) and Kumarayya, J. , after hearing fully this Letters Patent Appeal, preferred against a judgment of Sharfuddin Ahmed, J. , referred the case to a Full Bench because not only a question as to whether Sec. 19 of the Indian Limitation Act, 1908 (hereinafter referred to as "the Limitation Act") controls Section 48, Civil P. C. but also in addition, other questions of law and fact are involved in the case. Before we set out the questions of law upon which we are required to express an opinion, it is necessary to set out briefly the relevant facts. Katragadda Rajaratnamma, whose legal representatives are the appellants herein filed a suit, O. S. No. 32/35 in the District Judges Court, Masulipatnam on the foot of a promissory note dated 28-4-1932 and obtained a decree on 26-2-1937 for recovery of Rs. 4484-11-2 together with interest and costs against defendants 1 and 2, Sunkara Ramakotayya and Kolli Seshayya personally and against all the defendants from their joint family assets. Defendants 1 and 2 died and their legal representatives have been brought on record, respondents 1 to 3 herein being the two sons and widow of d
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