CHELLIAH THEVAR (DIED) AND ORS. Vs. MUTHIRULAPPA KUDUMBAN

JUDGEMENT

(1.) THE plaintiff is the petitioner. The suit was on a promissory note executed on 6th May, 1965 in favour of the plaintiff by the defendant for a sum of Rs. 400. As the defendant did not pay in spite of demands the suit was filed.

(2.) THE defence to the suit was that the suit claim was discharged by payment to the plaintiff's brother who is not the promise .The trial Court upheld the defence and dismissed the suit. The present revision petition is filed against the said order.

(3.) FOLLOWING the above decision I hold that the plea of discharge by payment to the brother of the payee put forward by the defendant, cannot be accepted in a suit filed by the holder of a promissory note. The order of the lower Court is set aside and the suit decreed as prayed for. There will be no order as to costs in this Court.