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1933 Supreme(Mad) 80

BEASLEY, BARDSWELL
Munisawmi Goundan – Appellant
Versus
Kutti Moopan – Respondent


JUDGMENT

Beasley, C.J.

1. The suit out of which this petition arises was for Rs. 200 balance of principal and interest under a promissory note dated May 27, 1918, executed by the first defendant, the father of defendants Nos. 2 to 4 in the suit. There are three endorsements on the promissory note dated May 21, 1921, July 1, 1922, and December 5, 1924, made by the first defendant. These endorsements are relied upon by the plaintiff as saving the suit from the bar of limitation. The first defendant did not defend the suit and the second and fourth defendants raised the plea that the family had become divided twenty years ago. If they had succeeded in showing that division twenty years ago, clearly no question would have arisen as regards their liability because the promissory note would have been executed by first defendant after that division. The learned District Munsif has found that at any rate by 1922 the defendants had become divided and although he does not find the exact date of the division, it must be taken that- in his view the family became divided after, the execution of the promissory note. The learned District Munsif found that defendants Nos. 2 to 4 were not liable beca




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