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1984 Supreme(Mad) 144

G.RAMANUJAM
S. Karuppanna Gounder – Appellant
Versus
S. Ramaswamy – Respondent


ORDER

G. Ramanujam, J.

1. This revision is directed against the concurrent decision of the Courts below dismissing the suit O.S. No. 2491 of 1979 on the file of the Court of the District Munsif of Karur.

2. The petitioner herein filed an earlier suit, O.S. No. 727 of 1978 on the file of the Court of the District Munsif of Karur, against the respondent herein for recovery of a sum of Rs. 1,137-50 due on a promissory note executed by the respondent in favour of the petitioner for Rs. 1,500/-Though the promissory note was executed for Rs. 1,500/- by the respondent-defendant, in view of the fact that the respondent was entitled to the benefit of Tamil Nadu Act 40/78, the amount borrowed under the promissory note, as scaled down under the provisions of the said Act, was claimed in the suit. The said suit was decreed for the amount claimed by the petitioner and the amount has also been realised by the petitioner from the respondent. Subsequently the Tamil Nadu Act 40 of 1978 was repealed by the Tamil Nadu Act 40 of 1979. As per the provisions of the latter Act, a creditor is entitled to claim the entire amount due on a promissory note with interest due thereon. Hence the plaintiff-petitione




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