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1938 Supreme(Mad) 51

VARADACHARIAR
E. N. A. S. Narayana Aiyar – Appellant
Versus
Moorthi Kendan alias Narayana Nambudripad – Respondent


JUDGMENT

Varadachariar, J.

1. This appeal arises out of a suit for recovery of money due under a promissory note (Ex. A) dated 18th November, 1926, executed by the 1st and 2nd defendants. As the 2nd defendant had been adjudicated an insolvent, the Official Assignee in whom the estate of the 2nd defendant had vested was impleaded as the 3rd defendant. Defendants 4 and 5 are the grandsons of the 1st defendant by a predeceased son of his. The 2nd defendant is the younger son of the 1st defendant.

2. The plaint prayed for a personal decree against defendants 1 and 2, for a decree directing recovery of the amount from the properties of the Mana to which the parties belong and also for recovery of the amount from the estate of the 2nd defendant in the hands of the 3rd defendant. As the 1st defendant died pending the suit, the lower Court gave a decree against the assets of the 1st defendant and against the assets of the 2nd defendant in the hands of the 3rd defendant, but it dismissed the suit so far as it sought a personal decree against the 2nd defendant and also to the extent of the prayer against the properties of the Mana. Plaintiff has filed this appeal claiming the two reliefs refuse




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