High CourtsDivision Bench(1896) 03 MAD CK 0006

Palaniappa Chetty vs Avatharaman and Others

Madras High Court · Decided on 30 March 1896 · Citation: (1897) 7 MLJ 195

HON’BLE JUDGES
Subramania Aiyar, J

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Judgment

5 paragraphs · 83 words

Subramania Aiyar, J.—The plaintiff sues upon a bond executed to his deceased father. In the absence of any admission or evidence to the

contrary, the presumption is that the debt was one due to the family, and no certificate of heirship was necessary to enable the plaintiff to recover

the debt.

2.

I set aside the order of the Subordinate Judge and direct the suit be restored to the file and dealt with according to law. Costs to abide and

follow the result.