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Muruga Pillai Vs. Subrahmania Aiyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1898)8MLJ197
AppellantMuruga Pillai
RespondentSubrahmania Aiyar
Cases ReferredArunachnlam Chetty v. Meyyappa Chetty
Excerpt:
- 1. i think the judge is wrong. the two claims, the one on the note, the other on the settlement of accounts, are so closely connected that i do not think it can possibly be said that the plaintiff ought not to have joined the two claims. he might have joined them and i think he ought to have done so. the evidence in support of the two claims would be in great part the same. in both cages, proof of entries in the books would be necessary. having regard to the terms of section 13, civil procedure code, as construed by the privy council and in this court, arunachnlam chetty v. meyyappa chetty, i.l.r., 21 m,, 91 i think the suit was rightly dismissed.2. the order of remand is set aside with all costs.
Judgment:

1. I think the Judge is wrong. The two claims, the one on the note, the other on the settlement of accounts, are so closely connected that I do not think it can possibly be said that the plaintiff ought not to have joined the two claims. He might have joined them and I think he ought to have done so. The evidence in support of the two claims would be in great part the same. In both cages, proof of entries in the books would be necessary. Having regard to the terms of Section 13, Civil Procedure Code, as construed by the Privy Council and in this Court, Arunachnlam Chetty v. Meyyappa Chetty, I.L.R., 21 M,, 91 I think the suit was rightly dismissed.

2. The order of remand is set aside with all costs.


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