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1977 Supreme(Ker) 126

T.KOCHU THOMMEN, V.BALAKRISHNA ERADI
SUKUMARAN – Appellant
Versus
SANKARAN – Respondent


Judgment :-

1. In this civil revision petition filed under S.22 of the Small Cause Courts Act the petitioners, who were defendants 1 and 2 in the court below, contend that the suit claim was barred by limitation and that the lower court has acted erroneously and illegally in granting a decree in the plaintiff's favour. The plaintiff is a chitty foreman. The 1st defendant had taken one C class ticket in the chitty run by the plaintiff and he prized the chitty at the 11th instalment and drew the chitty amount after executing a chitty kychit on 710 1970. The 2nd defendant had joined in that bond as surety for the 1st defendant. Under the terms of the said chitty bond the defendants had undertaken to pay the full amount of future subscriptions in lump in case of default being committed in payment of any of the instalments. The 1st defendant defaulted payment of the 20th instalment which fell due on 10-61971 and no amounts were remitted by him towards the chitty thereafter. The term of the chitty came to a close on 10 51973. It was only thereafter that the foreman (plaintiff) issued a notice of demand to the defendants on 14 21974 calling upon them to remit the full amount of the defaul








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