MULAMOOTTIL FINANCE AND KURIES Vs. SHAJI POTHEN

JUDGEMENT

(1.) THE respondent appears through counsel.

(2.) THE following substantial questions of law are framed for a decision.

(3.) THE appellants filed the suit against one Varghese Skaria and Reena Varghese (the defendants) for recovery of Rs.63,110.67 with interest. According to the appellants, the 1st defendant subscribed to a registered chitty started by them, prized the chitty on the 3rd installment, received the amount and executed an agreement with the 2nd defendant as guarantor in their favour. Defendants also executed a demand promissory note on the same day agreeing to repay the amount. On default of repayment, the appellants filed the suit against the defendants for realization of the money as aforesaid.