NACHIMUTHU GOUNDER ALIAS DURAIYAN Vs. GANTHIMATHI

JUDGEMENT

(1.) THE unsuccessful second defendant before the lower appellate court has filed this Second Appeal.

(2.) THE plaintiff filed a suit in O.S.No.487 of 1981 on the file of the District Munsif Court, Dharapuram for recovery of a sum of Rs.7,475 on the basis of a pronote Ex.A1 dated 3.7.1974, executed by the 1st defendant. On 2.1.HI an amount of Rs.25 was paid towards the said pronote, which has been endorsed on the promissory note and marked as Ex.A2. To recover the said amount, the plaintiff filed the suit on 2.1.'81, stating that she could not file the suit within the period of three years of limitation, as the moratorium was in force. THE promisee, the 1st defendant died. So, his legal representatives were impleaded as defendants 2 to 5.

(3.) IN paragraph 5 of the plaint, the plaintiff has stated, to get the period of limitation extended, as follows:-