KULANDAISAMI Vs. LOURDUSAMI

JUDGEMENT

(1.) The defendants 1 and 2 in O.S. No. 200 of 1984 on the file of the District Munsiff Court, Tiruvaiyaru who have succeeded before the Trial Court and lost before the first Appellate Court are the appellants in this Second Appeal. The Second Appeal is directed against the judgment and decree of the learned District Judge, West Thanjavur made in A.S. No. 105 of 1986 in setting aside the judgment and decree of the Trial Court and granting a decree as prayed for the respondent/plaintiff.

(2.) At the time of admission, the following two substantial questions of law were framed by this Court: (1) Whether the lower Appellate Court is right in holding that the suit claim is not barred by limitation especially when the suit is filed beyond the period of three years from the date of first endorsement and the second endorsement is more than 3 years and 2 days after the date of the first endorsement? (2) Whether the lower Appellate Court is right in assuming that the defendants are debtors as defined under Tamil Nadu Act 40 of 1970?

(3.) Heard Mr. N. Vijayaraghavan for the appellants and Mr. R. Kannan for the respondent. For convenience, the parties to this appeal will be referred as arrayed before the Trial Court.