SIVASSBRAMANIAM ALIAS KANDASWAMI Vs. MOHIDEEN PITCHAI

JUDGEMENT

(1.) The revision petition is against the judgment of the District Munsif, Ambasamudram, in O.S.No.559 of 1981. The defendant is the revision petitioner.

(2.) The respondent filed this action on a lost promissory note dated 18th March, 1974 for Rs.600 with subsequent interest thereon and costs. The suit was resisted by the defendant-revision-petitioner, but was decreed and hence this revision.

(3.) The first objection raised by the learned Counsel for the revision petitioner defendant is that the suit being one on a lost promissory note, the plaintiff ought to have filed an indemnity bond along with the plaint to indemnify the claims of any other person upon such instrument under Order 6, rule 16 of the Civil Procedure Code, and this requirement has not been complied with by the plaintiff. No doubt, the plaintiff has not filed the indemnity bond along with the plaint, but he has produced it before the court subsequently and the court below accepted the same. Hence, this contention is unsustainable as found by the learned District Munsif.