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Saminatha Pillay Alias Kandasawmy Pillay Vs. Dorasawmy Naick and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.212
AppellantSaminatha Pillay Alias Kandasawmy Pillay
RespondentDorasawmy Naick and ors.
Cases ReferredSee Rama Iyen v. Venkatachellam Patter
Excerpt:
bond - indorsement on bond 'the balance due should be paid into the hands of my son'--whether can be treated as assignment of bond--assignee's right of suit. - 1. the plaintiff is entitled to recover. he is the assignee of the bond and, therefore, entitled to sue. see rama iyen v. venkatachellam patter 30 m.k 75. this ruling was not reported at the time of the judgment now appealed against.2. we reverse the decree of the lower courts, direct the district munsif to restore the suit to his file and deal with it according to law. costs hitherto incurred will abide the result.
Judgment:

1. The plaintiff is entitled to recover. He is the assignee of the bond and, therefore, entitled to sue. See Rama Iyen v. Venkatachellam Patter 30 M.k 75. This ruling was not reported at the time of the judgment now appealed against.

2. We reverse the decree of the lower Courts, direct the District Munsif to restore the suit to his file and deal with it according to law. Costs hitherto incurred will abide the result.


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