K.C. Nachimuthu Chetty v. Andiappa Pillai

In this case the learned District Judge held that the suit as brought was not maintainable as the note sued on was one which offended against Sect. 26 of the Indian Paper Currency Act. That was clearly right. See Chidambaram Chettiar v. Ayyasami Thevan.

But we consider that the District Judge should have allowed the plaintiff to amend his plaint as prayed and base his suit on the original cause of action in the circumstances of this case as no objection was taken to the frame of the suit in the First Court. The questions as to whether the plaintiff's suit on the original cause of action would not be maintainable in whole or in part having reference to the observations in Shanmuganatha Chettiar v. Srinivasa Aiyar(2) and in Chidambaram Chettiar v. Ayyasami Thevan and whether his suit will be barred by limitation are questions to be decided by the trial court after evidence. We may observe that there is nothing in law to prevent a note offending against Sect. 26 being admitted in evidence as an acknowledgment.

We set aside the decree of the District Judge and remand the case to the First Court for fresh trial. Plaintiff will have leave to amend his plaint as advised in three weeks from the date of receipt of this order by the First Court.

All costs will abide and follow the result.

M. R.Case remanded.