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  • S. 9 of Act IV of 1938.
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  • S. 9 of Act IV of 1938.

    Muthusamia Pilllai v. R.S.A Sankara Ayyar

    The account starting in 1933 has a series of settlements, each giving rise to a fresh principal. The lower Court has given a decree on the basis of the last settlement with interest thereafter at 5% on the amount so settled under S. 9 of Act IV of 1938. This is correct. Unless a debt falling under S. 9 relates back to a debt incurred before 1st October 1932 so as to invoke the provisions of S. 8, there is nothing in S. 9 to justify the re-opening of settlements or the re-appropriation of payments on the basis of a hypothetical original principal. The petition is dismissed with costs.

    Petition dismissed.

    N.R.R

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    Muthusamia Pilllai v. R.S.A Sankara Ayyar
    (Feb 18, 1941)