KUMARAN Vs. CHERIYAMBADAN AYIDRU
HIGH COURT OF KERALA
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(1.) DEFENDANTS 1 and 2 are the appellants. The suit was to enforce a bond executed by the 1st defendant, with 2nd defendant as surety, to the 3rd defendant.
(2.) THE 3rd defendant conducted a kuri. The 1st defendant was a subscriber for one ticket in the Kuri. He bid half-a-ticket and executed Ext. A-1, bond. The 1st defendant committed default in the payment of future instalments on 9-8-1953. Thereafter the Kuri broke down on account of the default of the 3rd defendant. The 1st defendant had subscribed for 43 instalments and it was from the 44th instalment that he defaulted. According to 3rd defendant, an amount of Rs. 742-80 (Rs. 742-50) was due to him from the 1st defendant. The plaintiff was also a subscriber in the Kuri conducted by 3rd defendant and for money due to him from the 3rd defendant he filed a suit against the 3rd defendant and obtained a decree and in execution of the decree he brought the right under the bond executed by defendants 1 and 2 and other moveables of the 3rd defendant to sale and purchased them. The 3rd defendant was declared insolvent in I. P. No. 1/54 and the Official Receiver was appointed to administer the estate. Before the Receiver, the 1st defendant filed a petition stating that if an account is taken, amounts will be due to him from the estate of the insolvent The Official Receiver considered the petition and passed Ext. B-1 order fixing the amount due from the 1st defendant to the estate of the insolvent, at Rs. 57. Subsequently, the order adjudicating the 3rd defendant as insolvent was annulled.
(3.) IN the suit filed by the plaintiff to realise the amount due under Ext. A-1 bond, the 1st defendant contended that the suit is barred by limitation and that not more than Rs. 57 as found by the Official Receiver in Ext, B-1 order can be recovered from him. Both the Courts below found that the plaintiff was entitled to recover rs. 742-50 with interest and decreed the suit.;
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