KANDASAMI CHETTY Vs. ANNAMALAI CHETTY

JUDGEMENT

(1.) This suit is brought on a bond for the principal sum of Rs. 300 with interest. The principal amount was payable on the 7 June 1898. According to the first part of the bond the interest was payable on the 7 June 1897 and the 7 June 1898 respectively. The bond also provided that if default in making payments were made on the due dates the principal and interest then due with compound rate at Rs. 1-4-0 per cent, per mensem with annual rests should become payable on request or demand by the obligee.

(2.) Two arguments have been advanced before us by the plaintiff-respondent, with reference to the ground taken on behalf of the appellant for the first time here, that the claim in so far as it was not admitted is barred by limitation and the court is bound to dimiss it under Section 4 of the Limitation Act.

(3.) The first is that the provision about the obligee making a request or demand is a condition to the money becoming payable in accordance with the terms of this portion of the instrument.