Kurnool Chief Funds (P) Ltd. (M/s.) v. P. Narasimha and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Online)(AP) 4

ANDHRA PRADESH HIGH COURT
, J
Kurnool Chief Funds (P) Ltd. (M/s.) v. P. Narasimha and Others

Table of Content
1. overview of the case and suit details. (Para 1 , 2)
2. arguments regarding the liability of sureties. (Para 3 , 10)
3. court observations on statutory provisions and liability. (Para 4 , 5 , 6 , 9 , 11 , 12 , 13)
4. ratio regarding liability determination. (Para 8)
5. final ruling and implications on the judgment. (Para 14)

1. This second appeal is preferred by the plaintiff in O. S. No. 638 of 1989 on the file of the II Additional District Munsif, Kurnool.

2. The suit was filed by the plaintiff for recovery of Rs. 13,935/- with interest and costs against the defendants 1 to 4. The amount relates to a chit transaction. The 1st defendant joined as a member of the chit group of Rs. 40,000/- agreeing to subscribe Rs. 1,000/- per month for a period of 40 months and, thus, he executed an agreement on 23-12-1985. D1 became the successful bidder in the 19th auction held on 27-9-1987 agreeing to forego a sum of Rs. 7,420/-. The defendants 2 and 3 and V. Lakshman Raju stood as sureties for payment of future installments by D1. The said Lakshman Raju died on 17-4-1988 leaving D3 and D4 as his legal representatives of his estate in their hands. The 1st defendant received a chit a