RAMAN NAMBOODIRI Vs. CHALDEAN SYRIAN BANK LTD

JUDGEMENT

(1.) This appeal raises the question whether a person deriving title under the registered will of a deceased creditor, can claim to recover the debt due to the deceased, without production of a succession certificate.

(2.) The plaintiffs predecessor-in-interest Raman Nambudiri deceased, had a savings as well as a fixed deposit account at the time of his death on 15-12-1953 with defendant, Messrs. Chaldean Syrian Bank Ltd., Trichur. Under the registered will dated 3-6-1946 left by Raman Nambudiri, the plaintiff and his minor sons were made the sole legatees of these bank deposits. On demand by the plaintiff for transfer in his name of the amounts concerned, the defendants first required a consent statement from all the members of the illom and subsequently on the plaintiffs failure to produce the same, they called fora succession certificate. The plaintiff obtained succession certificate on 22-10-1954, but limited to the savings deposit. The Bank insisted upon a succession certificate for the entire amount. The plaintiff did not comply but filed this suit soon after, on 7-6-1955 demanding both the deposit amounts with all interest till date.

(3.) The summons in the case were served to the defendants on 14-6-1955. Entering appearance on 9-7-1955, the defendants paid off the amounts covered by the succession certificate and set-up contest as to the plaintiffs balance claim without however depositing into court the same or any portion thereof. Apparently on legal advice, the plaintiff thereafter applied for and obtained extension certificate in respect of the fixed deposit amount and all the interest therein till date and filed the same in court on 8-11-1955. The defendants thereupon deposited into court the principal amount of Rs. 15,000 and interest thereon for the one year term only under the receipt ending 7-4-1954, amounting in all Rs. 15,675. The questions were therefore (i) the liability of the defendants for interest on the F.D. from 8-4-1954 and (ii) what should be the order as to costs.