AIROnline 2020 Mad 1132

Madras High Court

Hon'ble Judge(s): P. Velmurugan , J

(A) Limitation Act (36 of 1963) , Art.137— Suit for recovery of money - Defendant allegedly borrowed certain sum from plaintiff - Plaintiff issuing legal notice to defendant after dishonour of cheque - Another legal notice issued by plaintiff almost after a year which was acknowledged by defendant - Suit not barred by limitation. (Para 16) (B) Civil P.C. (5 of 1908) , O.37 R.1— Suit for recovery of money - Defendant allegedly borrowed certain sum in return of which defendant agreed to sell his property to plaintiff - Defendant acknowledged all monies paid by plaintiff and also legal notice with acknowledgment - Legal heirs of defendant sold suit property to third party - There was no evidence showing that there was any joint liability of defendants - Nor any reply filed by plaintiff that defendant borrowed money for and on behalf of legal heirs and he cleared dues not only for deceased but also for legal heirs of defendant - Legal heirs not liable to pay decree amount - Plaintiff not entitled to recover amount from legal heirs of defendant. (Para 17 18 20) ....