ITHIKAT GOPALA MENON Vs. KALLINGALATH DECEASED KOYATHI ALIAS ABDUL AZEEZ, LEGAL REPRESENTATIVES CHERACHAN VEETHIL PUTHAN PURURAYIL MUHANOD KUTTI

JUDGEMENT

(1.) Defendants 1 to 12 are the appellants. The suit is upon a bond executed by one Koyathi predecessor of defendants 1 to 12 in favour of plaintiffs 2 and 3. The third plaintiff in the suit has been transposed as the thirteenth defendant.

(2.) The question for decision in the second appeal is whether the plaintiff's suit is barred by limitation.

(3.) The bond was executed by Koyathi in connection with a chit fund in which he held a ticket. After obtaining his amount at the auction he entered into the suit bond Ex. A which refers to his obligation to pay the various instalments that would be due from him on various future dates. Then it says towards the end of the document: If at any auction the amount therefor is not paid and default is made therein the amount that should be subscribed thereto as the balance left after deducting the dividend therein, would be paid within a month with profit thereon at 2 per cent, per month, and if default is made therein also, all the amounts that are seen to be paid in future after excluding those that have been paid till then, would be paid with profit thereon at 2 per cent, per month dividend, interest or due date.