1970 Supreme(Mad) 333
P.S.KAILASAM, K.S.VENKATARAMAN
Natarajan – Appellant
Versus
M/s. Chandmull Amarchand by Power-of-Attorney, K. Milopchand – Respondent
Advocates:
R. Desikan, for P. Bhaskaran, for Appellant.
V.V. Raghavan, for Respondent No. 1.
Venkataraman, J.- These two appeals are against a common order dated 14th November, 1966 of the learned Subordinate Judge of The Nilgiris, in proceedings in execution of the decree in O.S.No. 167 of 1955. The respondent-firm, Chandmull Amarchand, obtained a decree on 7th November, 1956 in O.S. No. 167 of 1955 on a number of promissory notes executed jointly by J.M. Thippa Gowder, K. Petha Maistry and B. Gujja Gowder. The claim was barred against Petha Maistry and he died before the suit. Thippa Gowder also died before the suit. The suit was filed against one J.T. Joghee, the, son of J.M. Thippa Gowder, in his capacity as manager of the joint family. Joghee was impleaded as the first defendant and Gujja Gowder as the second defendant. The decree was against B. Gujja Gowder personally and against the assets of J.M. Thippa Gowder in the hands of J.T. Joghee and the joint family. The decree was for Rs. 21,000 odd. E.P.No. 113 of 1960 was filed on 12th October, 1959 for impleading the legal representatives of Gujja Gowder. The petition was dismissed on 14th June, 1960. Then E.P.No. 763 of 1961 was filed on 5th October, 1961 and dismissed on 31st August, 1962 in view of E.P.No. 494 of 19
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