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1956 Supreme(Mad) 388

PANCHAPAKESA AYYAR
Ponnuswami Chettiar – Appellant
Versus
P. Vellaimuthu Chettiar – Respondent


Advocates:
B. V. Viswanatha Ayyar and K. Tiruvenkatachariar for Petitioner.
P. Muthukumaraswami Mudaliar and P. Venkatachalapathi for Respondent.

Judgment

This petition raises an interesting question of law not exactly covered by any ruling. It is a petition by one Ponnuswami Chettiar, the defendant in S.C.S. No. 8588 of 1953 on the file of the Court of Small Causes Madras for revising and setting aside the judgment and decree in N.T.A. No. 220 of 1954, which was filed against the decree and judgment of the learned Chief Justice in that suit. The main point of law is whether the absence of the name of the payee in a promissory note will make the note invalid, though the payee was known with certainty even at execution. The facts are briefly these: It was a suit brought against the petitioner by one Vellaimuthu Chettiar for the recovery of Rs. 1,177-8-0 the principal and interest due on a promissory note, Exhibit- P-1, dated 16th November, 1950, for Rs. 1,000. Two defences were raised by the petitioner in the lower Courts. One was that the promissory note was not supported by consideration The lower Courts found that the promissory note was fully supported by consideration, and Mr. B. V. Viswanatha Ayyar, learned Counsel for the petitioner, was not able to shake that finding which is, in my opinion, quite correct.

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