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1998 Supreme(Ker) 263

S.MARIMUTHU
Chami Narayanan – Appellant
Versus
Krishna Iyer – Respondent


Judgment :-

S. Marimuthu, J.

The appeal is directed impugning the judgment and decree passed by the learned Addl. Sub Judge, Palakkad in O.S. No. 238 of 1979. One Chami Narayanan -defendant is the appellant. One Krishna Iyer represented by his Power of Attorney holder Veeraraghava Iyer is the first plaintiff and supplemental plaintiffs 2 to 4 are the wife and daughters of Krishna Iyer, who are respondents 2 to 4 in this appeal.

2. The common grounds of both the appellant and the respondents are as follows: Suit was originally filed by Veeraraghava Iyer representing as Attorney of Krishna Iyer for recovery of a sum of Rs. 8,004/-borrowed by the appellant by executing Ext. Al promissory note dated 26.7.1976. Apart from the above common grounds of both the sides, it is the further contention of the respondents that prior to the execution of Ext. Al pronote, Krishna Iyer, executed Ext. A2 general power deed dated 5.5:1975. Krishna Iyer left his family in the year 1977 and his whereabouts were not known for more than 7 years. However, once he was seen by Veeraraghava Iyer, the Attorney. When the period of limitation for claiming the amount under the pronote was nearing, Veeraraghava Iyer































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