MUKYAPRANA BHATTA Vs. TNKELU NAMBIYAR

JUDGEMENT

(1.) This civil revision petition arises out of a suit in connexion with a chit fund. Plaintiff 1 is the stakeholder of the kuri. Defendant 1 who is one of the subscribers became the successful bidder-in April 1925. He then executed bond dated 13 May 1925 to secure the payment of the future instalments. Under this bond defendant 2 was added as a surety. The bond stipulates that the instalments will be payable at the rate of Rs. 20 on 23 of each month and if any instalment is not paid on the due date the subscriber (defendant 1) will pay the amount in arrears with interest at Rs. 33-5-4 per cent. along with the next instalment amount and if default is made then also, we and our descendants jointly and severally pay to you or your descendants in one lump sum all the previous instalments that had fallen due and the future instalments with interest at the rate from the date of default for the payment of the first instalment regardless of the fact that the future instalments are yet to fall due and the right to profits.

(2.) Default was committed in respect of four instalments due from June to September, and the plaintiff filed S. C.S. 567 of 1925 and obtained a decree for those instalments. We will assume (though the plaint has not been filed) that in that plaint it was stated that the plaintiff was content to sue for four instalments only and expressly reserved his right to sue for the remaining instalments. Again the defendant committed default in respect of instalments from October 1925 to February 1926, and the present suit was filed (S. C.S. 184 of 1926).

(3.) The District Munsif of Udipi held that the suit is barred by Order 2, Rule 2, and dismissed the suit. The plaintiff files the revision petition.