Back
1917 Supreme(Mad) 471
IN THE HIGH COURT OF MARAS
S Aiyar, K Sastri
Subbaraya Chetty
Versus
Nachiar Ammal
Decided On : 20 December, 1917
Courts have the power to grant a decree where a cause of action arose subsequent to the suit.
Headnote:
Mortgage Bond - Premature Suit - Court's Power to Grant Decree for Cause of Action Arising Subsequent to the Suit
Fact of the Case:
The defendant received the money, but the suit was found premature due to the terms of the unregistered mortgage bond. The plaintiff was at risk of having to institute another suit for the money.
Finding of the Court:
The Court reversed the decree of the District Judge and restored that of the District Munsif, except as to costs, citing the principle of Chinta Hararan Das v. Radha Charan Poddar and Sethrucherla Rama Chandra v. Maharajah of Jeypore.
Issues: Premature suit due to terms of unregistered mortgage bond, plaintiff's risk of having to institute another suit for the money.
Ratio Decidendi: Courts have the power to grant a decree where a cause of action arose subsequent to the suit, based on the principle established in previous decisions.
Final Decision: The decree of the District Judge was reversed, and that of the District Munsif was restored, except as to costs. Each party will bear his own costs throughout.
1. On the finding of the District Judge it is clear that the defendant did receive the money. The learned Judge has, however, found that the suit was premature because of the terms of the unregistered mortgage bond. Granting that the terms of the bond are binding on the parties, having regard to the fact that immediately after the suit the money became payable, we think that it is undesirable that the plaintiff should be compelled to institute another suit for the money. money. The principle of Chinta Hararan Das v. Radha Charan Poddar 37 Ind. Cas. 962 and of the decision of this Court in Sethrucherla Rama Chandra v. Maharajah of Jeypore 34 Ind. Cas. 411 : (1916) M.W.N. 354 : 19 M.L.T. 360 in which it was held that Courts have power to grant a decree where a cause of action arose subsequent to the suit, is applicable to this case. Following these decisions and having regard to the special circumstances of this case, we reverse the decree of the District Judge and restore that of the District Munsif, except as to costs. Each party will bear his own costs throughout.
