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Muthusamia Pillai Vs. R.S.A. Sankara Aiyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1942Mad297; (1942)1MLJ86
AppellantMuthusamia Pillai
RespondentR.S.A. Sankara Aiyar
Excerpt:
- wadsworth, j.1. the account starting in 1933 has a series of settlements, each giving rise to a fresh principal. the lower court has given a decree on the basis of the last settlement with interest thereafter at 5 per cent. on the amount so settled under section 9 of act iv of 1938. this is correct. unless a debt falling under section 9 relates back to a debt incurred before 1st october, 1932, so as to invoke the provisions of section 8, there is nothing in section 9 to justify the re-opening of settlements or the re appropriation of payments on the basis of a hypothetical original principal. the petition is dismissed with costs.
Judgment:

Wadsworth, J.

1. The account starting in 1933 has a series of settlements, each giving rise to a fresh principal. The lower Court has given a decree on the basis of the last settlement with interest thereafter at 5 per cent. on the amount so settled under Section 9 of Act IV of 1938. This is correct. Unless a debt falling under Section 9 relates back to a debt incurred before 1st October, 1932, so as to invoke the provisions of Section 8, there is nothing in Section 9 to justify the re-opening of settlements or the re appropriation of payments on the basis of a hypothetical original principal. The petition is dismissed with costs.


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