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1978 Supreme(Mad) 561

S.RATNAVEL PANDIAN
M. Ponnuswamy – Appellant
Versus
V. K. T. Periasami Pillai – Respondent


Advocates:
Advocate Appeared:
S. Rajagopalan, for Appellant.
Miss. Padmini, for Respondent.

JUDGMENT

The first defendant in O. S. No. 185 of 1967 on the file of the Subordinate Judge, Tiruchirapalli is the appellant herein. The plaintiff-first respondent herein filed the said suit for recovery of Rs. 15,555.30 with subsequent interest on the foot of a foreign judgment.

2. The case of the plaintiff against the appellant (first defendant) and second respondent (second defendant) is as follows: The defendants jointly executed a promissory note dated 1st October, 1962 for Rs. 11,000 to one Mariya Pillai agreeing to repay the same with interest at 18 per cent. per annum. The said Mariya Pillai endorsed and delivered the same to the plaintiff. The plaintiff filed on 11th April, 1966 an action against the defendants in Case No. 7384 in the District Court of Nuwara Eliya Holden at Hatton (Ceylon) for the recovery of a sum of Rs. 17,930 due upon the said promissory note. The plaintiff has further averred in the plaint that he was reliably informed that the defendants, with intent to defraud and defeat the plaintiff's claim, were about to transfer their house situate at Sergudi Village, Musiri Taluk (in India) and he therefore prayed for an injunction against such a fraudulent transf



















































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