ABHOY NAIDU Vs. NRAMACHANDRA NAIDU

JUDGEMENT

(1.) This appeal may be disposed of on a point of law but, it is necessary to state a few facts that gave rise to the suit.

(2.) The plaintiff, the first defendant and the father of the second defendant borrowed from one Ramanatha Chettiar Rs. 4,000 on a promissory-note and the creditor sued the executants of the note and he having died after the institution suit, his minor sons were brought on the record as plaintiffs with their mother as their next friend. A decree was passed in the suit against the plaintiff, the first defendant and the second defendant who was added as a party on the death of his father the plaintiff claims to have paid the full amount of the decree and has filed the suit for the recovery of that amount on the ground that the first defendant and the second defendant's father are the principal-debtors and he was himself a surety.

(3.) The learned Subordinate Judge has disbelieved the case of the plaintiff that the whole amount borrowed was received only by the first defendant and the father of the second defendant. He further held that the payment alleged by the plaintiff to have been made with a view to satisfy the decree was not a valid payment which would enable the plaintiff to recover any a mount from the defendants. In the result, he dismissed the plaintiff's suit.