High CourtsDivision Bench(1909) 09 MAD CK 0036

V.A.R. Arunachellam Chettyar and Others vs V. Subramanya Aiyar

Madras High Court · Decided on 3 September 1909 · Citation: 3 Ind. Cas. 407

HON’BLE JUDGES
Ralph Benson, Acting C.J. · Sankaran Nair, J

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Judgment

6 paragraphs · 161 words
1.

We are unable to agree with the Judge that the suit against the respondent is barred by limitation. Ex. 0 is relied on as an acknowledgment by

1st defendant. It is dated 15th July 1906 and it calculates interest due up to 16th July, the date following. It implies that there was a debt subsisting

on that date for which interest was payable. That the 1st defendant so understood it is clear from his own deposition. He says When I signed Ex. C

my idea was that I was signing an entry in the book as to interest and that I was liable for interest on an existing note."" This shows that the

respondent understood it in the sense which we have indicated. We must, therefore, reverse the decree so far as the 1st defendant is concerned

and pass a decree for the amount against him also. The decree will be modified accordingly. The appellant is entitled to his costs.