KRISHNAN NAIR SANKARAN NAIR Vs. S. CHELLAPPAN PILLAI

JUDGEMENT

(1.) The plaintiff is the appellant. The suit was for arrears of defaulted subscriptions due under a chitty security bond, Ext. P-1, executed by the first defendant in favour of the foreman, the second defendant. By Ext. P-2 the plaintiff, a non prized subscriber in the chitty, got an assignment of the rights of the foreman under Ext. P-1. It was alleged in the plaint that the first defendant committed default in the payment of the subscriptions from the tenth instalment which fell due on 9-5-1953. The plaintiff, however, claimed the defaulted subscriptions only from the 13th to 30th instalments with interest. The suit was filed on 9-11-1956.

(2.) The defendant raised two contentions: (1) that the assignment (Ext. P-2) was invalid as previous sanction in writing of the Registrar of Chitties was not obtained as required by S.33(1) of the Chitties Act of 1120 and (2) that the suit was barred by limitation.

(3.) The learned Munsiff held that Ext. P-2 assignment was valid, and that the suit was not barred by limitation and decreed the suit. On appeal by the first defendant, the learned Judge came to the conclusion that Ext. P-2 assignment was invalid as previous sanction in writing of the Registrar was not obtained as required by S.33(1) and that the suit was barred by limitation. He therefore allowed the appeal; hence this second appeal.