MADHAVAN NAIR
Ithikat Gopala Menon – Appellant
Versus
Kallingalath deceased Koyathi alias Abdul Azeez, legal representatives Cherachan Veethil Puthan Pururayil Muhanod Kutti – Respondent
Madhavan Nair, J.
1. Defendants 1 to 12 are the appellants. The suit is upon a bond executed by one Koyathi predecessor of defendants 1 to 12 in favour of plaintiffs 2 and 3. The third plaintiff in the suit has been transposed as the thirteenth defendant.
2. The question for decision in the second appeal is whether the plaintiffs suit is barred by limitation.
3. The bond was executed by Koyathi in connection with a chit fund in which he held a ticket. After obtaining his amount at the auction he entered into the suit bond Ex. A which refers to his obligation to pay the various instalments that would be due from him on various future dates. Then it says towards the end of the document:
If at any auction the amount therefore is not paid and default is made therein the amount that should be subscribed thereto as the balance left after deducting the dividend therein, would be paid within a month with profit thereon at 2 per cent, per month, and if default is made therein also, all the amounts that are seen to be paid in future after excluding those that have been paid till then, would be paid with profit thereon at 2 per cent, per month dividend, interest or due date.
4. It has been
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.