SUBRAMONIA IYER Vs. LAKSHMI AMMAL

JUDGEMENT

(1.) THESE appeals have been heard together as some common questions are involved.A.S.No.45 of 1960 arises out of O.S.No.112 of 1953 on the file of the District Court of Trivandrum.The suit was on a promissory note,Ex.H .,executed by a person named R.A.Krishnan,since deceased,and the 10th defendant to the Alathur Bank,whose managing pro­prietor is P.R.Subramonia Iyer,the plaintiff - appellant.Defendants 2 to 6 are the brothers of R.A.Krishnan and the 1st defendant his mother.Defendants 7 to 9 are his wife and children and the 10th defendant,as already stated,the co -obligant.The lower court dismissed the suit on the ground that the suit was barred by limitation and that the suit as framed was not maintainable.The plaintiff appeals.

(2.) THE other two appeals arise out of two suits tried and disposed of together by the Court of the Subordinate Judge,Trivandrum.A.S.No.101 of 1961 arises out of a suit on two promissory notes,Exx.AN and AO.Deceased R.A.Krishnan executed the promissory notes along with the 10th defendant to the plaintiff -appellant,. the Kerala Commercial Bank,Ltd.In this suit also the 1st defendant is the mother of R.A.Krishnan,defendants 2 to 6 his brothers and defendants 7 to 9 his wife and children.The lower court decreed the suit with costs against the assets,if any,of R.A.Krishnan in the hands of defendants 1 to 9 and against the 10th defendant personally.The lower court refused to grant relief against defendants 1 to 9 personally and their separate or joint family assets,against the assets of a firm by name A.V.Viraraghava Iyer and Co.and also against the assets left by late A.V.Viraraghava Iyer,the maternal grand -father of R.A.Krishnan.Here also the plaintiff - bank appeals.

(3.) THE last of these appeals arises out of a suit on three post -dated cheques,Exx.C,D and H,drawn by R.A.Krishnan in favour of the plaintiff -appellant.Two of the cheques were issued on 23rd May 1950 with a direction to present them for payment on 23rd December of the year.The other cheque was issued on 24th August 1950 with a similar direction.Before the date for presentation R.A.Krishnan died in an aeroplane crash and therefore the Indian Bank,Ltd .,on whom the cheques were drawn,refused payment.The suit was consequently filed and the lower court granted a decree similar in terms to the decree which is the subject -matter of A.S.No.101 of 1961.The only additional fact to be noted in this case is that R.A.Krishnan 's father was also impleaded as the 10th defendant in this suit and he died pending suit.The plaintiff appeals in this case as well.