Prayer: Appeal against the judgment and decree dated 18.09.1986 made in O.S.No.936 of 1985 on the file of V Additional Subordinate Judge, Tiruchirapalli.

M. Karpagavinayagam, J.

The question referred to this Full Bench is as follows :

Whether, in respect of a chit transaction, the starting point of limitation for filing a suit is from the date of default or from the date of termination of chit period ?

2. The short facts are as follows :

“(i) A.M.Srinivasan, plaintiff/first respondent herein, carried on chit business. One Chinnakaruppan, being a subscriber in respect of two chits, was the prized subscriber in those two chits. The two chit transactions commenced on 01.02.1982 and 20.04.1982 respectively. In respect of the first chit, the said Chinnakaruppan committed default from the date of sixth instalment, namely, 01.06.1982. In regard to the second chit, he committed default from the date of third instalment, namely, 20.06.1982. The period of 20 months for the first chit got terminated on 30.09.1983 and the second chit on 19.12.1983.

(ii) Chinnakaruppan died, possessing of property and leaving behind the legal representatives. Therefore, A.M.Srinivasan sent a notice to