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Chanthiruthi Veluthakal Madhavi Ammati's Daughter Neelu Amma and Ors. Vs. Padinhare Veetil Rama Panikar's Krishna Panikar (23.03.1910 - MADHC) - Court Judgment

LegalCrystal Citation
SubjectBanking
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.745
AppellantChanthiruthi Veluthakal Madhavi Ammati's Daughter Neelu Amma and Ors.
RespondentPadinhare Veetil Rama Panikar's Krishna Panikar
Cases ReferredSubba Narayana Vathiyar v. Ramaswami Aiyar
Excerpt:
promissory-note - death of drwee--suit by real owner--no endorsement. - - 1. the suit note was executed in the name of kunhi lakshmi amma and at the time of her death had not been endorsed to any one.1. the suit note was executed in the name of kunhi lakshmi amma and at the time of her death had not been endorsed to any one. the plaintiffs claim a right to sue on the note on the ground that lakshmi. amma is dead and that the money advanced under the note was really the money of the tarwad, and not of lakshmi amma. if lakshmi amma were alive, she alone could have sued on the note. subba narayana vathiyar v. ramaswami aiyar 30 m. 88 : 1 m.l.t. 377 : 16 m.l.j. 508, and her death cannot give the plaintiffs in the circumstances of this case, a right which they had not in her life-time. the plaintiffs do not sue as representatives, and the subordinate judge finds that the proper representative has not been made a party to the suit.2. the second appeal is dismissed with costs.
Judgment:

1. The suit note was executed in the name of Kunhi Lakshmi Amma and at the time of her death had not been endorsed to any one. The plaintiffs claim a right to sue on the note on the ground that Lakshmi. Amma is dead and that the money advanced under the note was really the money of the tarwad, and not of Lakshmi Amma. If Lakshmi Amma were alive, she alone could have sued on the note. Subba Narayana Vathiyar v. Ramaswami Aiyar 30 M. 88 : 1 M.L.T. 377 : 16 M.L.J. 508, and her death cannot give the plaintiffs in the circumstances of this case, a right which they had not in her life-time. The plaintiffs do not sue as representatives, and the Subordinate Judge finds that the proper representative has not been made a party to the suit.

2. The second appeal is dismissed with costs.


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