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Sami Aiyangar Alias Srinivasa Varatha Chariar Vs. Laxmi Alias Echammal - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.8
AppellantSami Aiyangar Alias Srinivasa Varatha Chariar
RespondentLaxmi Alias Echammal
Cases ReferredGopal Daji v. Gopal
Excerpt:
limitation act (xv of 1877), section 20 - payment of interest by principal, whether saves limitation against surety. - .....b. 248 : 5 bom. l.r. 1020 and the respondent's pleader has not attempted to argue that the exposition of law in that case is not correct.3. the petition must be allowed and the plaintiff's suit dismissed against the 1st defendant with costs here and in the court below.
Judgment:

Abdur Rahim, J.

1. It is admitted by the pleader for the plaintiff respondent that there is no evidence to show that the 1st defendant made any payment of which limitation would be saved so far as the claim against him is concerned. But it is argued that no issue was framed on this point and it is alleged in paragraph 6 of the plaint that two sums of twelve rupees and nine rupees were paid in 1906. But paragraph 5 of the 1st defendant's written statement traverses that statement as false. The two bonds were executed on the 24th October 1904 and the 12th February 1905 respectively and it is for the plaintiff to make out that her claim under these bonds was subsisting against the 1st defendant on the date of her suit which was instituted in 1909, and, as she failed to do so, the Subordinate Judge ought to have dismissed the suit.

2. It is conceded by the plaintiff's pleader that the position of the 1st defendant was that of a surety. That being so, payment of interest by the 2nd defendant, his principal debtor, would not save limitation against the 1st defendant, see Gopal Daji v. Gopal bin Sonu 28 B. 248 : 5 Bom. L.R. 1020 and the respondent's pleader has not attempted to argue that the exposition of law in that case is not correct.

3. The petition must be allowed and the plaintiff's suit dismissed against the 1st defendant with costs here and in the Court below.


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