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M. Sankaram Iyer Vs. Thiraviya Nadan - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in51Ind.Cas.240
AppellantM. Sankaram Iyer
RespondentThiraviya Nadan
Cases ReferredMiya v. Heramba Chandra Chakra
Excerpt:
limitation act (ix of 1908), section 20 - suit on pronote barred on face of it--payment pleaded to save bar--special appropriation, absence of, effect of--contract act (ix of 1872), sections 59, 60, 61. - .....by limitation as the plaintiff did not make a special appreciation towards the defendant's accounts. the only transactions outstanding when the payments were made ware promissory note and the hypothecation. the note was the earlier of the two. if appropriation was generally towards sum due on both transactions, both be saved. see soumia narayana gar v. alagirisawmy iyengar 14 ind. cas. 580 ; (1912) m.w.n. 754 ; 11. t.p 429 and gu miya v. heramba chandra chakra 8 ind. cas. 81 ; 13 c.l.j. 139. i set aside the decree of the lower court and pass a decree for plaintiff for the amount claimed. the respondent will pay the petitioner's costs in this and the lower court.
Judgment:

Kumaraswami Satri, J

1. The Subordinate Judge disbelieves the plea of discharge. Ha finds the two payments alleged by the plaintiff to be rue, but dismissed the suit on the ground that it was barred by limitation as the plaintiff did not make a special appreciation towards the defendant's accounts. The only transactions outstanding when the payments were made ware promissory note and the hypothecation. the note was the earlier of the two. If appropriation was generally towards sum due on both transactions, both be saved. See Soumia Narayana gar v. Alagirisawmy Iyengar 14 Ind. Cas. 580 ; (1912) M.W.N. 754 ; 11. T.p 429 and gu Miya v. Heramba Chandra Chakra 8 Ind. Cas. 81 ; 13 C.L.J. 139. I set aside the decree of the lower Court and pass a decree for plaintiff for the amount claimed. The respondent will pay the petitioner's costs in this and the lower Court.


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