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1965 Supreme(Ker) 346

C.A.VAIDIALINGAM
Rajappan Pillai – Appellant
Versus
Ramachandran Pillai – Respondent


Judgment :-

1. In this Civil Miscellaneous Appeal Mr. P. G. Parameswara Panicker, learned counsel for the 2nd defendant-appellant attacks the decree of the learned Subordinate Judge of Alleppey setting aside the decree passed by the trial court dismissing the plaintiff's suit O. S.192/58, and remanding the same for further consideration on all other issues.

2. It is seen that the plaintiff had obtained two chitty hypothecation bonds, evidenced by Exts. P-4 and P-5 dated 2 51124 and 20 61124 respectively. Ext. P-4 was executed by the 1st defendant, the 8th defendant & one Somasundram Pillai. Ext. P-5 was executed by the 1st defendant and Somasundram Pillai. Defendants 2 to 7 to the action are legal representatives of deceased Somasundram Pillai. There is no controversy that plaintiff instituted a suit originally in the Munsiff's Court, Alleppey, as O. S.194/1125, for enforcing his claims under these two chitty hypothecation bonds. He obtained a decree, and the judgment in the suit is evidenced by Ext. P-8 and the decree is evidenced by Ext. P-7 dated 19 51952.

3. It will be seen that under the Travancore-Cochin Civil Procedure Code, which was then in force, a composite decree itself,












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