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1892 Supreme(Mad) 50

Karuppashami Alias Kunjapan – Appellant
Versus
Pichu Putter – Respondent


JUDGMENT

1. This is a petition presented under Section 25 of Act IX of 1887. As plaintiff in Small Cause No. 879 of 1889 on the file of the Subordinate Court at Palghaut, petitioner sued to recover from the first counter-petitioner money lent to the latter by one Suppammal since deceased. His case was that after Suppammas death, her adopted son, second counter-petitioner assigned the debt to him, but it appeared that neither the assignee nor the assignor had obtained a certificate under Act VII of 1889. The Subordinate Judge called upon the petitioner to produce a certificate and granted him two months time for doing so. Petitioner, however, failed to produce the certificate and contended that as the debtor had agreed to pay the debt to him, he was entitled to recover it without producing a certificate. The Subordinate Judge disallowed the contention and dismissed the suit with costs. It is argued before us that Act VII of 1889 is applicable only to the representatives of deceased persons and not applicable to their assigns. We think the decision of the Subordinate Judge is correct. It is not inconsistent with the language of Section 4 of Act VII of 1889, for, a person claiming a de

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