MANDA SUBBAMMA Vs. KARRI VENKANNA

JUDGEMENT

(1.) C. R. P. No. 1594 of 1947, arises out of the decision of the learned Subordinate Judge of Kakinada in S. C. S. No. 47 of 1947 and C. R. P. 1595 of 1947 arises out of the decision of the same learned Judge in S. C. S. No. 48 of 1947. S. C. S. No. 47 of 1947 was filed for recovery of a sum of Rs. 651-4-0 due under two promissory notes, one dated 27-7-1940 for Rs. 100 and the other dated 4-6-1942 for Rs. 400. S. C. S. No. 48 of 1947 was filed for the recovery of a sum of Rs. 707-12-0, on three promissory notes. Of these three promissory notes, only one is in question, viz. that executed on 27-4-1943 for a sum of Rs. 334.

(2.) Both these suits were filed on 31-1-1947, that is to say, long after the date on which the promissory notes had become time-barred prima facie. In order to save time the plaintiff, who is the same in both the suits, relied upon certain agreements of even date entered into by the defendants who are identical in both the suits, which he claimed had the effect of postponing the payment of the amount due under the promissory notes to a future date, which was very much later than the actual date on which the suit should have been filed if the promissory notes stood by themselves.

(3.) The defendants contended in the lower Court that the agreements relied upon by the plaintiff did not have the effect of postponing the date of payment of the amounts due under the promissory notes and that both the suits were barred. The learned Subordinate Judge agreed with the contention of the plaintiff and decreed both the suits. Against these decrees the present civil revision petitions have been filed by the defendants.