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1958 Supreme(AP) 43

N.KUMARAYYA, SYED QUAMAR HASAN
Sajjanam Wadla China Rajayya – Appellant
Versus
Chappal Venkateshwar Rao – Respondent


QAMAR HASAN, J.

( 1 ) 1. C. M. As. Nos. 79/3 and 80/3 of 1955 are respectively filed by the defendant against the judgment and order dated 28-10-1953 of the District Judge, Adilabad, reversing the decision of the Munsif of Chinnoor holding the suits to be beyond time and remanding the same for disposal on the merits. S. A. No. 167/1 of 1956 is preferred by the plaintiff impugning the dismissal of the suit on the ground of limitation. As the question to be determined is common, this judgment will govern all the three appeals.

( 2 ) THE facts are that the plaintiff instituted, in the first instance O. S. No. 102 of 1952-53 on 18-3-1952, against the appellants in C. M. As. Nos. 79 and 80 of 1955 and the respondent in S. A. No. 167/1 of J956 and another defendant, who is out of picture now, for recovery of Rs. 579-9-8 being the principal and interest due on four bonds severally executed by the defendants on 13-1-1950 to pay their proportionate share of an erstwhile joint debt, the promise to pay being within 19-3-1950.

( 3 ) THE defendants in their common written statements denied the execution of the suit bonds and disowned the alleged liability to pay the sum claimed. They further ra






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