B A KUPPUSAMY AYYUR Vs. T K SUBBRAMAN

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the judgment and decree in O.S. No. 926 of 1978 on the file of sub court, Madurai. The suit is on a mortgage executed by defendants 1 to 4 for a sum of Rs. 10,000 with interest at 18 per cet t per annum. The 5th defendant purchased the mortgaged property in a court auction sale in 1974. Defendants 1 to 4 submitted to a decree to an extent of Rs. 15,000. The judgment of the trial court states that defendants 1 to 4 and the plaintiff made a joint endorsement to the effect that as against defendants 1 to 4 the suit might be decreed for a total sum of Rs. 15,000 with proportionate costs and subsequent interest.

(2.) THE learned counsel for the appellant initially submitted that there was no joint endorsement by the plaintiff. No doubt, the endorsement made by the plaintiff is not traceable from the papers relating to the case before me But, I find from the notes paper of the trial judge that on 10-4-1980 such a joint endorsement was made by the plaintiff and defendants 1 to 4 and the trial of the suit was posted to 11-4-1980 as against the 5th defendant. If really there was no joint endorsement by the plaintiff, he would have taken necessary steps before the trial court after seeing the court diary mentioning about the joint endorsement. Such a step was not taken at all and so I have to proceed only on the footing that a joint endorsement was so made.

(3.) I also record my appreciation for the assistance rendered by the Amicus Curiae Mr. T.R. Rajaram.