JUDGMENT: The plaintiff is the appellant before me. The short facts in the second appeal are as follows: —

2. The plaintiff preferred O.S. No. 343 of 1970 on the file of the District Munsif’s Court, Nagercoil, for recovering the mortgage amount under Exhibit A-1, dated 14th November, 1968, which was executed in his favour for a sum of Rs. 1,000. In and by the said document, the defendant undertook to pay interest and principal, separately and allow the plaintiff to sue for interest that has accrued for three consecutive months. Interest of Rs. 25 was paid only for one month, and thereafter, there was default to pay the same upto 14th October, 1969, which led to the filing of Small Causes Suit No. 384 of 1969 and obtaining of a decree for the interest alone. Hence, the present suit for the recovery of the subsequent interest and the entire principal outstanding.

3. The defendant admitted the execution of the hypothecation bond and also the Small Causes Suit and the decree thereon. But according to him, the present suit was barred by the provisions of Order 2, rule 2 of the Code of Civil Procedure.

4. The learned District Munsif upheld the plea of the defendant, and dismissed the suit.

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