P KANTHAMMAL Vs. D S RAJALAKSHMI

JUDGEMENT

(1.) On 17-12-1957, two persons named Kanthammal atid Kuppuswami Chetti, executed a promissory note for Rs. 10,000, in favour of one Ispahani. On 1312-1950, Ispahani endorsed the note without recourse to one Rajalakshmi. Thereafter, Rajalakshmi instituted C. S. No. 64 of 1951 on the file of this court to recover the money due on the promissory note. At this time, a sum of Rs. 4500 lay to the credit of the first defendant Sn C. S. No. 42 of 1945 on the file of this court. On 4-3-1952, Rajalakshmi applied for attachment before judgment of this amount and attachment was ordered on 5-3-1952. But, by some mischance, the money was paid out to Kanthamma. Thereupon, Rajalakshmi applied to the court that a direction should be issued to Kanthammal to bring back the money. An order was accordingly made by Panchapakesa Ayyar J. who directed Kanthammal to bring back that money. Against that order an appeal (O S. A. No. 146 of 1952) was filed. But that appeal was dismissed. On 29-1-1954, Ramaswami J. after hearing both the parties, confirmed the ex parte order of attachment that had been mode by this court on 5-3-1952.

(2.) C. S. No. 64 of 1951 was transferred to the City Civil Court, where it was numbered as O. S. No. 1694 of 1955. On 1-11-1955, Mr. Timmalpad, the Second Assistant Judge of that court decreed the suit with costs against Kuppuswami Chetti but dismissed it with costs against Kanthammal. In paragraph 20 of the judgment, he observed,

(3.) After the suit was dismissed as against her, Kanthammal filed I. A. No. 395 of 1955 on the file of the City Civil Court, claiming a sum of Rs. 1000 as compensation from Rajalakshmi under Section 95 C. P. G. The learned Assistant Judge dismissed the application. From that order Kanthammal has preferred the present appeal.