S KARUPPANNA GOUNDER Vs. S RAMASWAMY

JUDGEMENT

(1.) THIS revision is directed against the concurrent decision of the Courts below dismissing the, suit O.S.No.2491 of 1979 on the file of the Court of the District Munsif of Karur.

(2.) THE petitioner herein filed an earlier suit, O.S.No.727 of 1978 on the file of the Court of the District Munsif of Karur, against the respondent herein for recovery of a sum of Rs.1,137-50 due on a promissory note executed by the respondent in favour of the petitioner for Rs.1,500/-Though the promissory note was executed for Rs.1,500/- by the respondent-defendant, in view of the fact that the respondent was entitled to the benefit of Tamil Nadu Act 40/78, the amount borrowed under the promissory note, as scaled down under the provisions of the said Act, was claimed in the suit. THE said suit was decreed for the amount claimed by the petitioner and the amount has also been realised by the petitioner from the respondent. Subsequently the Tamil Nadu Act 40 of 1978 was repealed by the Tamil Nadu Act 40 of 1979. As per the provisions of the latter Act, a creditor is entitled to claim the entire amount due on a promissory note with interest due thereon. Hence the plaintiff-petitioner filed the present suit O.S.No.2491 of 1979 on the file of the, Court of the District Munsif of Karur, claiming the balance of the amount said to be due under the promissory note representing one half of the principal with interest at 9% per annum.

(3.) THE trial Court found that the second suit filed by the petitioner is barred under Order II ,Rule 2 Code of Civil Procedure, that even otherwise the debt due on the promissory note is not subsisting as the petitioner has already obtained a decree for the amount due on the promissory note and realised the same and that actually when there is no subsisting debt, the provisions of Tamil Nadu Act 40 of 1979 will not apply. In that view the trial court dismissed the suit. On appeal, the Sub-Court, Karur affirmed the view of the trial Court. According to the lower Appellate Court, the suit is barred under Order II, Rule 2 of the Code of Civil Procedure and in any event when the decree obtained on the promissory note has already been satisfied, there is no debt subsisting for applying the provisions contained in Tamil Nadu Act 40 of 1979.