VYTHILINGAM PADAYACHI Vs. SEETARAMAIYAR
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(1.) The plaintiff, as the assignee of a judgment passed by the Supreme Court of Port Louis in Mauritius in favour of one Nagammal for Rs. 12,297 against the defendant, brought this suit for the recovery of the amount with" interest. The defendant contested the claim and the questions raised at the trial were-- (1) Was the judgment one passed on the merits? (2) Was it obtained by fraud? (3) Was the plaintiff entitled to recover the amount due under the judgment without reference to the price actually paid by him for obtaining the assignment?, and (4) What amount, if any, was so paid?
(2.) The Subordinate Judge decided the first question in the affirmative and the second and third questions in the negative. As to the fourth he found that the plaintiff had paid Rs. 5,500.
(3.) He gave a decree for that sum with interest on a part thereof and for the expenses incidental to the assignment.;
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