P.V.S. SHANMUGAM Vs. P. DHASARATHAN

JUDGEMENT

(1.) The unsuccessful plaintiff before the first appellate Court, is the appellant herein.

(2.) The plaintiff has filed the suit for recovery of money from the defendants in a sum of Rs.5,200.00 which the plaintiff has to shell out in E.P.No.171 of 1987, vide order dated 28.11.1991. According to the plaintiff, a sum of Rs.3,100.00 had been borrowed by the first respondent/first defendant, for which from Mahalakshmi Finance Corporation, and the second respondent/second defendant and the appellant/plaintiff stood as surety/guarantor. Since the amount of loan had not been paid, the financier, namely Mahalakshmi Finance Company earlier filed O.S.No.278 of 1979, in which, the plaintiff herein was a party. In O.S.No.278 of 1979, the defendants agreed to pay back the amount and since the amount has not been paid, the plaintiff has filed the present suit. Since the plaintiff stood as surety/guarantor in the earlier proceedings, in the execution proceedings initiated in the earlier suit, order was passed on 28.11.1991 in E.P.No.171 of 1987. The plaintiff herein issued notice, dated 24.04.1992 calling upon the defendants to pay the amount due to the plaintiff and as there was no response and time was running out, the plaintiff has filed the present suit on 28.11.1994.

(3.) The first defendant has filed written statement denying the averments made in the plaint. The first defendant denies the statement of the plaintiff that the first defendant had borrowed a sum of Rs.3,100.00, for which, the second defendant stood as surety/guarantor. The first defendant admitted the pre-suit notice sent by the plaintiff. It is his further averment that the plaintiff has no locus-standi to file the present suit, as the suit is barred by limitation. Only the second defendant has obtained loan from Mahalakshmi Finance Corporation, for which, the plaintiff and the first defendant stood as surety/guarantor. For recovering the loan amount, the said Mahalakshmi Finance Corporation filed the suit in O.S.No.278 of 1979, in which, a decree was passed, in execution of which, E.P.No.171 of 1987 was filed by the said finance company, in which, an order was passed on 28.11.1991, based on which, the plaintiff has paid the amount specified therein.