C R SIVANANDAM Vs. V R KUSHAL DOSS

JUDGEMENT

(1.) THE revision petitioners are the defendants 2 to 4 and 6 in O. S. No. 268 of 1984 on the file of Sub Court, Vellore. The learned Subordinate Judge, Vellore, passed an order in O. S. No. 268 of 1984 on 28. 4. 2004 stating that the Sub Court has got territorial jurisdiction to try the suit. Aggrieved against the order, present revision petition has been filed by the revision petitioners.

(2.) THE first respondent as plaintiff filed the suit to recover the amount due on the five promissory notes executed by the defendants 1 to 3 in favour of the plaintiff and his father, mother, sister and wife. The father, mother, sister and wife of the plaintiff have assigned the promissory notes in favour of the plaintiff for valuable consideration.

(3.) DURING the pendency of the suit, the first defendant died. The defendants 5 to 10 were added as legal representatives of the deceased first defendant. The suit was resisted in written statement filed by the third defendant raising several grounds that all the suit promissory notes were executed at Madras and to have jurisdiction at Vellore, the plaintiff obtained assignment of the pronotes in his favour at Vellore. The written statement filed by the third defendant was adopted by the defendants 2, 4, 6, 7 and 10. The defendants 5, 8 and 9 filed additional written statement.