SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1929 Supreme(Mad) 123

WALLACE
Govindaraja Mudali – Appellant
Versus
Samarapuri Chettiar – Respondent


JUDGMENT

Wallace, J.

1. The only direct authorities on the point of law cited before me are three, Gopal Daji v. Gopal Sonu [1904] 28 Bom. 248, Sami Aiyangar v. Laxmi [1911] 21 M.L.J. 455 and Harbans Lal v. Nathu [1930] 105 P.R. 1919. Of these the two former are against the view taken by the learned District Judge and the latter is in his favour, relying, however, on a decision of this Court in Velayudan Pillai v. Vythilingam Pillai [1912] 24 M.L.J. 66, which deliberately refrains from deciding the point at issue here. So the weight of authority is against the lower appellate Courts view, and I see no reason why I should take a different view from that taken by this Court, already in Sami Aiyangar v. Laxmi [1911] 21 M.L.J. 455. The liability of the surety is, therefore, not saved from the bar of limitation by the payment by the principal.

2. I reverse the decree of the lower appellate Court and restore that of the District Munsif Appellant will get his costs here and in the lower appellate Court.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top