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1928 Supreme(Mad) 148

MADHAVAN NAIR
Seethai Ammal – Appellant
Versus
K. Narayana Ayyangar – Respondent


JUDGMENT

Madhavan Nair, J.

1. This is an application to revise the order of the Fall Bench of the Court of Small Causes, Madras, refusing to record satisfaction of the decree in S. C.S. No. 13949 of 1921 on its file. To appreciate the arguments before us it is necessary to state a few facts of the case.

2. A promissory note was executed by one Rangachari in favour of one Ranga Ayyangar. That was transferred by endorsement to one Narayana Ayyangar who obtained a decree on it in S. C.S. No. 13949 of 1921. In the District Munsifs Court of Srivilliputtur one Seethai Ammal filed O.S. No. 776 of 1922 against Ranga Ayyangar as defendant 1, that is,, the endorser of the promissory note and Narayana Ayyangar, the endorsee, as defendant 2. This Narayana Ayyangar was the decree-holder in S. C.S. No. 13949 of 1921. It seems at an early stage of the suit, on 21st January 1923, Narayana Ayyangar, defendant 2, was exonerated as a party. Later on applications were made by Seethai Ammal for attachment of the decree of S. C.S. No. 13949 of 1921 before judgment, on the ground that Narayana Ayyangar, the decree-holder, was really a benamidar for Ranga, Ayyangar, defendant 1, in O.S. No. 776 of 1922. Orde



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