P S PATTABHIRAMAN Vs. GANAPATHY KANNAPPA MUDALI

JUDGEMENT

(1.) THIS civil revision petition is filed against the order of the District Munsif of sholinghur in I. A. No. 327 of 1959 in O. S. No. 32 of 1959, declining to issue a third party notice under the provision of Order VIII-A C. P. C.

(2.) SUBRAMANIA Pillai the deceased father of the petitioners, executed, on 11-21959, in favour of one Chinna Munuswami Mudali, a promissory note for a sum of rs. 3000/- The respondent claiming that he obtained an assignment of the promissory note and thereby became a holder in due course, filed a suit against the petitioners, the sons of the executant, for the recovery of a sum of Rs. 4750/-Chinna Munuswami was not made a party to the suit.

(3.) THE petitioners raised various contentions to the claim; they alleged that a number of payments had been made to the original payee, Chinna Munjuswami mudali, and on his behalf to his two undivided sons, Kalathiswaran and shanmugam in respect of which no credit hid been given; they also denied that the respondent was a holder in due course. There was a further plea that Chinna munuswami Mudali himself agreed in July, 1956 to receive only ten annas in the rupee of the balance due on the promissory note, and that, on proper taking of accounts, not more than Rs. 700/- would be due. The petitioners followed up their written statement with an application. I. A No. 327 of 1959. Under Order VIII A rule 1, C. P. C. For the issue of a third party notice to Chinna Munuswami Mudali and his two undivided sons. On notice being taken to the third parties, both the respondent and the third parties opposed the application.