MEYAPPA CHETTY v. USOOF

MEYAPPA CHETTY v. USOOF

D. C., Colombo, 15,696.

Action on promissory note-Civil Procedure Code, chap. 53-Cross claim antecedent to date of promissory date-Leave to defend unconditionally- Custom among Chetty traders-Meaning of " R. M. M. S. T. Meyappa Chetty."

Under chapter 53 of the Civil Procedure Code, a defendant sued upon a promissory note may set up by way of defence a cross claim on a cheque bearing date antecedent to the date of the promissory note.

When the defendant swears to facts which if true constitute a good defence, he should be allowed to defend unconditionally, unless there is something on the face of the proceedings which leads the Court to doubt the bond fides of the defence.

According to the custom of Chetty traders and firms, " R. M. M. S. T. Meyappa Chetty." means that Meyappa is the agent of the firm of R. M. M. S. T.

ACTION on two promissory notes for the aggregate sum of Rs. 1,500 made by the first defendant in favour of the second and third defendants and endorsed by them to the plaintiff, who designated himself " R. M. M. S. T. Meyappa Chetty."

Summons being served, the second defendant averred in his affida

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