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Arji Marappa Chetti Vs. Arji Shunmugappa Chetti - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1911)21MLJ518
AppellantArji Marappa Chetti
RespondentArji Shunmugappa Chetti
Excerpt:
- - 1. assuming that when the judgment-debtor sues to recover money paid in respect of what the judgment-creditor has failed to certify, limitation begins to run against the judgment-debtor on the expiry of 90 days from the date of payment (though there appears to be no direct authority on the point) we are not prepared to apply this period of limitation to a case where, by reason of the judgment-creditor's failure to certify, the judgment-debtor has been compelled to pay a third party. in the first class of cases the plaintiff sues to recover money paid on a consideration which has failed. in the 2nd class he sues to recover damages for loss sustained by reason of the judgment-creditor having failed to discharge the duty cast upon him by the law.1. assuming that when the judgment-debtor sues to recover money paid in respect of what the judgment-creditor has failed to certify, limitation begins to run against the judgment-debtor on the expiry of 90 days from the date of payment (though there appears to be no direct authority on the point) we are not prepared to apply this period of limitation to a case where, by reason of the judgment-creditor's failure to certify, the judgment-debtor has been compelled to pay a third party. in the first class of cases the plaintiff sues to recover money paid on a consideration which has failed. in the 2nd class he sues to recover damages for loss sustained by reason of the judgment-creditor having failed to discharge the duty cast upon him by the law. we agree with sankaran nair j. that in the.....
Judgment:

1. Assuming that when the judgment-debtor sues to recover money paid in respect of what the judgment-creditor has failed to certify, limitation begins to run against the judgment-debtor on the expiry of 90 days from the date of payment (though there appears to be no direct authority on the point) we are not prepared to apply this period of limitation to a case where, by reason of the judgment-creditor's failure to certify, the judgment-debtor has been compelled to pay a third party. In the first class of cases the plaintiff sues to recover money paid on a consideration which has failed. In the 2nd class he sues to recover damages for loss sustained by reason of the judgment-creditor having failed to discharge the duty cast upon him by the law. We agree with Sankaran Nair J. that in the 2nd class of cases, the cause of action arises when the judgment-debtor has to pay the second time. The case in In the matter of Medai Kalliani Annt I.L.R. (1907) M. 545 does not touch the question of limitation. It merely decided that the judgment-debtor has a cause of action when the judgment-creditor fails to certify.


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