J.WALLIS, OLDFIELD, K.SASTRI
Vairavan Chettiar Represented By – Appellant
Versus
Srinivasachariar – Respondent
Oldfield, J.
1. In this reference, Second Appeal No. 932 of 1919 and all questions of law arising in it are before us. The finding we have obtained in favour of the adoption of Narasimha Aiyangar by Veeraraghava Aiyangar, not by his widow, leaves only two such questions for decision. Plaintiff is suing as assignee from the guardian of Narasimha Aiyangar of a promissory note in favour of Veeraraghava Aiyangar, which represented at the date of its execution the latters self-acquisition. Veeraraghava Aiyangar and Narasimha Aiyangar died undivided. The questions for decision are whether plaintiff is exempt from the obligation to produce a succession certificate either because he sues as an assignee from Narasimha Aiyangar, the person entitled to the debt, or because Narasimha Aiyangar should be regarded as having become entitled to the debt by survivorship.
2. The first question can be answered shortly. The Act is, as its preamble states, intended to "afford protection to parties paying debts to the representatives of deceased persons." The reference in Section 4 is generally to persons "claiming to be entitled to the effects of the deceased person or any part thereof," and under
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