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1963 Supreme(Mad) 289

T.VENKATADRI
Dev Shanker Dolia – Appellant
Versus
M. H. Fernadez – Respondent


Advocates:
K. C. Manikavasakam, for Petitioner.
M. S. Sampath Kumar, (Amicus curiae).

Judgment:-

This Civil Revision Petition arises out of the Small Cause Suit S.C. No. 257 of 1960 filed by the plaintiff-petitioner for the recovery of Rs. 900 being the balance of principal and interest alleged to be due on a promissory note, dated 29th July, 1955, executed by the respondents, who are husband and wife, in favour of the petitioner, for Rs. 800 payable with interest at 15 per cent. per annum. The defence to the suit is that the promissory note is not supported by consideration to the full amount mentioned because the suit note is a double bond. The respondents have also taken the plea that the suit is barred by limitation so far as the second respondent is concerned.

The learned Judge who tried the suit found that the suit promissory note was supported only to the extent of Rs. 400 and that the suit was barred by limitation as against the second respondent as the endorsement made by her on 8th November, 1958 was more than three years after the suit promissory note and that the petitioner would not be entitled to a decree against the second respondent. In the end he gave a decree against the first respondent alone. It is against this judgment and decree the plaintiff-pet










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