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1958 Supreme(Mad) 334

RAMACHANDRA.IYER
Sayada Gounder – Appellant
Versus
Veerappa Gounder – Respondent


Advocates:
V.C. Sri Kumar, for Petitioner.
T.S. Kuppuswami Ayyar and K.S. Naidu, for Respondent.

Judgment.-

This is a revision against the decree in S.C.S. No. 141 of 1956 on the file of the Sub-Court, Dindigul. The defendant is the petitioner. The suit was laid on the basis of a promissory note, dated 22nd April, 1951. On 23rd June, 1955, there was an endorsement of payment on the back of the promissory note. The suit was filed on 14th June, 1956. The defendant did not appear in the lower Court and was set ex parte : a decree was passed against him as prayed for. The defendant has come up in revision.

Mr. V.C. Srikumar, learned counsel for the petitioner, contends that, as the acknowledgment and the endorsement of payment was made three years after the date of the promissory note, it could not avail the creditor for the purpose of saving limitation. The contention on behalf of the respondent is that, by reason of Ordinance V of 1953, followed by Acts V of 1954 and I of 1956 there was a period of one year, six months and twenty-six days, during which a suit could not be filed. The prohibition lasted till 1st July, 1955. The Ordinance and the Act had come into force before the date on which the endorsement of payment was made. If the endorsement on the back of the promissory note




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