NACHIMUTHU GOUNDER Vs. D. DEVENDRAN

JUDGEMENT

(1.) THE deceased 1st revision petitioner filed this revision petition against the decree and judgment dated 31.03.2005 made in A.S.No.8 of 2004 on the file of Subordinate Court, Bhavani reversing the decree and judgment made in O.S.No.350 of 1982 on the file of Principal District Munsif Court, Bhavani.

(2.) DURING the pendency of the revision petition the sole 1st revision petitioner died and the revision petitioners 2 to 6 brought on record as legal heirs of the deceased sole revision petitioner.

(3.) THE deceased 1st revision petitioner filed a suit for recovery of money on promissory note. According to the deceased 1st revision petitioner, on 17.01.1975, the deceased 1st defendant in the suit namely Duraisamy Reddy borrowed a sum of Rs.3500/ - and executed a promissory note and also agreed to pay 12% interest but the deceased 1st defendant has not paid any amount. It is also averred in the plaint that up to 15.7.1978, this suit is not barred in view of the ban imposed till 15.07.1978 under Tamil Nadu Debt Relief Act. Further, the 1st revision petitioner is seeking interest only at 9%. During the pendency of the suit, the 2nd defendant, wife of 1st defendant also died and the respondents herein are liable to pay the above said amount out of estate of the deceased first defendant.