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1940 Supreme(Mad) 396

PATANJALI SASTRI
Minor Ramachandra by next friend K. L. Bhandary, Vakil – Appellant
Versus
Minor Shantarama by mother and guardian Rukmini Amma – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This is a petition to revise the decree of the Court of the District Munsif of Kundapur dismissing the petitioners small cause suit No. 381 of 1936 as barred by limitation.

2. The suit was brought to recover the amount due on a promissory note executed by the first respondents father on 30th September, 1926. After his- death in 1932, the first respondents guardian executed a mortgage on 20th December, 1932, in favour of the second respondents husband who was directed to discharge the suit debt as part of the consideration for the mortgage. The mortgagee made payments for interest on 29th May, 1933, and 16th July, 1934, which were duly endorsed on the promissory note, but failed to pay the balance of the debt. The suit was instituted in 1936 for the recovery of such balance and it was not disputed that it would be in time if the second payment of interest referred to above satisfied the requirements of Section 20 of the Limitation Act. The Court below held that it did not, on the ground that the mortgagee was neither the person liable to pay the debt nor his agent duly authorised to make such payment within the meaning of Section 20. An attempt was made


































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