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1984 Supreme(Mad) 51

RATNAM
Sendamarai Ammal – Appellant
Versus
Vijaya Rajagopal Chettiar – Respondent


Advocates:
Miss Radha Srinivasan, for Petitioner, S. V. Jayaraman, for Respondent.

Judgement

ORDER :- The defendant in O. S. No. 307 of 1982 on the file of the Court of the First Additional Subordinate Judge, Pondicherry, is the petitioner in this civil revision petition, which is directed against the finding recorded by the Court below on the preliminary issue regarding limitation. That suit was laid by the respondent herein for the recovery of a sum of Rs. 12,860 with subsequent interest on the basis of a simple mortgage for Rs. 5000 executed by the petitioner on 21-5-1969 agreeing to repay the principal amount with interest at 12 per cent per annum. The suit was instituted on 28-6-1982. In the written statement filed by the petitioner, she raised a plea that the suit is barred by limitation and prayed for the dismissal of the suit. On that plea so raised by the petitioner an issue was framed regarding the bar of limitation and that issue was tried by the Court below as a preliminary issue. The Court below took tile view that as the provisions of French Code Civil would continue to apply, a longer period of limitation than that prescribed under the provisions of the Limitation Act, 1963, would be available in Pondicherry territory and that even if the claim unde











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