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Govindaraja Mudali Vs. Samarapuri Chettiar and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Reported inAIR1930Mad112
AppellantGovindaraja Mudali
RespondentSamarapuri Chettiar and anr.
Cases ReferredSami Aiyangar v. Laxmi
Excerpt:
- .....on the point of law cited before me are three, gopal daji v. gopal sonu [1904] 28 bom. 248, sami aiyangar v. laxmi : (1911)21mlj455 and harbans lal v. nathu [1930] 105 p.r. 1919. of these the two former are against the view taken by the learned district judge and the latter is in his favour, relying, however, on a decision of this court in velayudan pillai v. vythilingam pillai [1912] 24 m.l.j. 66, which deliberately refrains from deciding the point at issue here. so the weight of authority is against the lower appellate court's view, and i see no reason why i should take a different view from that taken by this court, already in sami aiyangar v. laxmi : (1911)21mlj455 . the liability of the surety is, therefore, not saved from the bar of limitation by the payment by the.....
Judgment:

Wallace, J.

1. The only direct authorities on the point of law cited before me are three, Gopal Daji v. Gopal Sonu [1904] 28 Bom. 248, Sami Aiyangar v. Laxmi : (1911)21MLJ455 and Harbans Lal v. Nathu [1930] 105 P.R. 1919. Of these the two former are against the view taken by the learned District Judge and the latter is in his favour, relying, however, on a decision of this Court in Velayudan Pillai v. Vythilingam Pillai [1912] 24 M.L.J. 66, which deliberately refrains from deciding the point at issue here. So the weight of authority is against the lower appellate Court's view, and I see no reason why I should take a different view from that taken by this Court, already in Sami Aiyangar v. Laxmi : (1911)21MLJ455 . The liability of the surety is, therefore, not saved from the bar of limitation by the payment by the principal.

2. I reverse the decree of the lower appellate Court and restore that of the District Munsif Appellant will get his costs here and in the lower appellate Court.


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