P J KURIAKOSE Vs. K C CHERIAN

JUDGEMENT

(1.) This revision petition comes up before us on a reference order of Janaki Amma, J.

(2.) The petitioners are defendants in a Small Cause suit on the file of the Subordinate Judge's Court, Kottayam. The plaint claim is based on a chitty security bond. The chitty was subscribed by the first defendant. He prized the ticket on the sixth auction held on 10-12-1971. Ext. A1 security bond was executed by the first defendant. Defendants 2 and 3 were sureties. The bond stipulates that in case any future instalment is defaulted the plaintiff foreman gets the right to recover all instalments in a lump sum. The revision petitioners defaulted payment of subscription from the 23rd instalment. 23rd instalment was on 10-5-1973. The foreman issued a registered notice Ext. A6. It is dated 21-6-1974, The foreman demanded the full amount including the future subscriptions. The chitty terminated on 10-10-1974. The suit was filed on 4-6-1977.

(3.) Several contentions were raised by the defendants. Only one survived for consideration, viz., the contention based on limitation. The Trial Court found that the suit is not barred by limitation. The contention of the defendants failed. The suit was decreed.