Pulugurta Somaraju vs Machiraju Venkata Subbarayudu

Madhavan Nair, J.—The plaintiff-appellant''s suit out of which this second appeal arises, was for the recovery of Rs. 1,600 the value of two

gold jewels given to the defendant and also for the recovery of Rs. 300 the value of 20 sovereigns together with interest on these amounts. The first

item was covered by an unstamped promissory-note and the promissory-note said to have been executed in support of the second item has been

lost. The plaintiff also set up two agreements prior in date to these promissory-notes under which the defendant agreed independently to pay the

plaintiff these amounts. These agreements have been found against the plaintiff by the lower Appellate Court.

As regards the claim which was then put forward by the plaintiff, based upon the original cause of action, apart from the promissory notes, the

learned Subordinate Judge, following a decision of this Court in Muthu Sastrigal v. Visvanatha Pandara Sannadhi 21 Ind. Cas. 864: (1914)

M.W.N. 58 dismissed the claim. Mr. Somasundaram who appears for the appellant admits that the decision in Muthu Sastrigal v. Visvanatha

Pandara Sannadhi 21 Ind. Cas. 864 would govern this case, but he presses me to say that in view of two subsequent decisions of this Court and

also of other Courts the decision in Muthu Sastrigal v. Visvanatha Pandara Sannadhi 21 Ind. Cas. 26 M.L.J. 19 : (1914) M.W.N. 58 requires re-

consideration and on that ground he asks me to refer this case to a Bench. I do not think that the subsequent decisions of this Court referred to,

namely, Shanmuganatha Chetliar v. Srinivasa Aiyar 35 Ind. Cas. 219: (1916) 2 M.W.N. 14 and Chokkalingam Chetty v. Annamalai Chetty 34

Ind. Cas. 417 can be said to have shaken the authority of the decision in Muthu Sastrigal v. Visvanatha Pandara Sannadhi 21 Ind. Cas. 864 :

(1914) M.W.N. 58. In Shanmuganatha Chettiar v. Srinivasa Aiyar 35 Ind. Cas. 219 Abdur, Rahim, J., refers to Muthu Sastrigal v. Visvanatha

Pandara Sannadhi 21 Ind. Cas. 864 and; distinguishes it in these terms. ""The promissory-note on which action was brought in that case, was

inadmissible in evidence as it was an unstamped note. The view taken by the learned Judges was that as the suit was based on the note and that

was inadmissible in evidence, the suit must fail. In that case, there was no question of the liability of the partners on account of the debt evidenced

by the"" promissory-note"" At page 730 Page of 40 M.-[Ed.] there is this observation made by the learned Judge, namely: ""There is no doubt so far

as it appears from the authorities referred 13 at the Bar that where there exists an antecedent debt and a promissory-note is executed for such

debt, a suit on the promissory-note failing, an action on the debt would lie."" In view of the fact that the decision in Muthu Sastrigal v. Visvanatha

Pandara Sannadhi 21 Ind. Cas. 864 has not distinctly been dissented from by the learned Judge, the antecedent debt that is, referred to in the

second extract from his Lordship''s judgment can only mean debt anterior in time, with reference to the promissory-note debt. The two prior

agreements pleaded have been found against the appellant by the lower Court. The decision in Chokkalingam Chetty v. Annamalai Chetty 34 Ind.

Cas. 417 also cannot be said to have shaken the authority ,of the decision in Muthu Sastrigal v. Visvdhaiha Pandara Sannadhi 21 Ind. Cas. 864

As regards the question at issue, different High Courts have taken different positions and seeing that our High Court has consistently refused to

give relief based upon antecedent debts in such, circumstances I do not think that there, is any justification for my referring this matter to a Bench

for a re-consideration of the decision in Muthu Sastrigal v. Visvanatha Pandara Sannadhi 21 Ind. Cas. 864 : (1914) M.W.N. 58.

I may point out that the most recent decisions of the Lahore High Court in Chanda Singh v. Amritsar Banking Company 66 Ind. Cas. 201 and

Gurdas Mai Singh v. Ishar Das 60 Ind. Cas. 107 take the same view as the one contained in Muthu Sastrigal v. Visvanatha Pandara Sannadhi 21

Ind. Cas. 864 :(1914) M.W.N. 58.

Following Muthu Sastrigal v. Visvanatha Pandara Sannadhi 21 Ind. Cas. 864. I dismiss the second appeal with costs.