GOMATHI AMMAL Vs. S SENTHATTIA PILLAI

JUDGEMENT

(1.) THE appeal is against the judgment and decree of the Court of the Sub-Judge, Tuticorin in O.S.306 of 1978. THE unsuccessful plaintiff is the appellant.

(2.) THIS is a suit on a promissory note for Rs.8,160 with subsequent- interest and costs. According to the plaintiff, the defendant borrowed from her a sum of Rs.8,160 on 1.9.1974 and executed the suit promissory note agreeing to repay the same with interest at 12 per cent per annum. The plaintiff further claimed that the suit was not barred as she believed bona fide that the defendant was entitled to the benefits of the Moratorium Laws and the period between 15.1.1975 and 15.7.1978 has to be excluded, in computing the period of limitation.

(3.) THE learned Subordinate Judge held on issues 1 and 2 that the suit promissory note was fully supported by consideration and that it was not a renewal of any prior promissory note. But on issue No.3, he held that the suit was out of time. Consequently he non-suited the plaintiff, but without costs. Aggrieved thereby, the plaintiff has come in appeal.