M GOPAL Vs. VETRIVEL CHIT FUNDS PVT LTD

JUDGEMENT

(1.) THESE two second appeals are preferred against the common judgment and decree passed in A. S. Nos. 148 and 188 of 1982, dated 18th January, 1983. Those appeals arose out of the judgment and decree dated 27th February, 1982 passed in O. S. No. 770 of 1981 by the District Munsif, Vellore .

(2.) THE plaintiff/ respondent in both the appeals filed the aforesaid suit for recovery of a sum of Rs. 7,712. 50 being the principal with interest at 12% per annum. THE first defendant in the suit subscribed two chits in Group No. 3c and Group No. 16 payable in 20 monthly instalments of rs. 500 each. THE payment of instalments commenced in April, 1975. He paid 10 instalments. He was declared as the successful bidder in the auction held on 1. 1. 1976. He executed the pro-note on 24. 1. 1976 for the remaining sum of rs. 5,000 and paid the first instalment in February, 1976. THEreafter, the instalment fell due on 17. 3. 1976, but, he did not pay the second instalment nor did he pay the subsequent instalments.

(3.) THEREFORE, the following points arise for consideration: (1) Whether the limitation under Art. 37 of the Limitation act for recovery of the amount due under the chit funds as per the provisions of the Tamil Nadu Chit Funds Act, 1961 would commence on the date when default is committed in payment of the instalments or on the date the notice demanding the entire sum is issued as per Sub-sec. (2) of Sec. 25 of the Act" (2) Whether the chit amount can be considered to be a debt" (3) Whether the suit is in time"