P.C. RAVI Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Third defendant is the appellant. Plaintiff (first respondent) filed the suit for realisation of money from defendants 1 to 3. Loan of Rs. 15,000 was availed by John Manjooran, the principal debtor, he having executed Ext. A-1 promissory note dated 23rd September 1981. John. Manjooran died on 23rd January 1984. First, defendant voluntarily undertook responsibility to repay the loan amount to the plaintiff-bank. This is evidenced by Ext. A-4 dated 13th April 1985. Ext. A-2 bearing the same date as Ext. A-l is the letter of guarantees given by defendants 2 and 3 to the plaintiff. Plaintiff-bank filed the suit against defendants 1 to 3 asserting that they are liable to pay the amount due to it.

(2.) Third defendant filed written statement contending that the suit is barred by limitation, that 1 he suit against sureties alone is not maintainable as legal representatives of John Manjooran were not impleaded and that in view of Ext. A-4 executed by the first defendant he (the surety) can no longer be held liable.

(3.) Though Ext. A-1. promissory note was executed on 23rd September 1981, it cannot be held that the suit is barred by limitation as there is evidence of part payment of the money due to the plaintiff-bank by the principal debtor. Last payment by the principal debtor was on 19th January 1984. Principal debtor had confirmed the debit balance confirmation letter (Ext. A-3) on 11th January 1983. It shows that the outstanding balance amount due to the plaintiff was Rs. 13,762.85. As the suit was filed on 5th November 1986, it cannot be said that it is barred by limitation.