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1994 Supreme(Ker) 439

M.M.PAREED PILLAY
P. C. Ravi – Appellant
Versus
Union Bank of India – Respondent


JUDGMENT

1. Third defendant is the appellant. Plaintiff (first respondent) filed the suit for realisation of money from defendants 1 to 3. Loan of Rs. 15,000 was availed by John Manjooran, the principal debtor, he having executed Ext. A-1 promissory note dated 23rd September 1981. John. Manjooran died on 23rd January 1984. First, defendant voluntarily undertook responsibility to repay the loan amount to the plaintiff-bank. This is evidenced by Ext. A-4 dated 13th April 1985. Ext. A-2 bearing the same date as Ext. A-l is the letter of guarantees given by defendants 2 and 3 to the plaintiff. Plaintiff-bank filed the suit against defendants 1 to 3 asserting that they are liable to pay the amount due to it.

2. Third defendant filed written statement contending that the suit is barred by limitation, that 1 he suit against sureties alone is not maintainable as legal representatives of John Manjooran were not impleaded and that in view of Ext. A-4 executed by the first defendant he (the surety) can no longer be held liable.

3. Though Ext. A-1. promissory note was executed on 23rd September 1981, it cannot be held that the suit is barred by limitation as there is evidence of part payment of t









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