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1940 Supreme(Mad) 382

KING
T. Sundaram Pillai – Appellant
Versus
Kandaswami Pillai – Respondent


JUDGMENT

King, J.

1. The appellant in this case is the holder of a decree obtained in the Court of the District Munsif of Trivandrum against two defendants. The first defendant was married to the appellants daughter and the appellant in filing his suit in Trivandrum alleged that he had furnished the money to pay for the expenses of this marriage. He alleged further that both the first defendant and his elder brother the second defendant had promised to repay that money to him. The first defendant did not contest his plaint in Trivandrum. The second defendant after being first set ex parte had the ex parte order set aside and then filed a written statement in which he attacked the plaintiffs claim in a number of ways one of which was by questioning the jurisdiction of the Trivandrum Court. After filing the written statement however he withdrew from further opposition and the result was that a decree was passed in favour of the present appellant against both the defendants. In 1937 the appellant applied in the Court of the District Munsif of Sattur, Ramnad District, to execute the decree which he had thus obtained in Trivandrum against a joint family property in the hands of the second







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