High CourtsDivision Bench(1922) 12 MAD CK 0002

G.A. Sundara Aiyar vs Arumugham Pillai and Others

Madras High Court · Decided on 21 December 1922 · Citation: (1923) 17 LW 374 : (1923) 44 MLJ 361

HON’BLE JUDGES
Krishnan, J

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Judgment

7 paragraphs · 178 words

Krishnan, J.—I think the amendment was properly allowed in this case. There is nothing to show that the claim based on the original debt is

barred by limitation. That is a matter to be decided in the suit. If it is barred the suit will no doubt be dismissed. There is no reason why a claim for

money due, based on the original loan or dealings should not be combined with a claim for the same money as due under a pro-note in case there

is any difficulty in enforcing the note, the party is entitled to fall back on the original consideration. See Dug-gempudi Nagamma v. Peda

Venkatareddi (1920) 12 L.W. 147. The two causes of action in such a case are not so distinct as the claim which their Lordships of the Privy

Council were dealing with in Ma Shwe Mya v. Mating Mo Hnaung ILR (1921) C 832. Their Lordships'' language has to be taken with the facts of

the case they were dealing with. The Civil Revision Petition fails and is dismissed with costs.