The view taken by a learned Single Judge of the Andhra Pradesh High Court in Mohd.
141 of 1965 was allowed grant ing permission to the plaintiff appellant herein to amend the plaint so as to base his money suit on the basis of two promissory numberes with the aid of acknowledgments companytained in some documents.
From the Judgment and Order dated 6.9.1974 of the Kerala High Court in A.S. No.
The fourth appeal arising from O.S. No.
Four appeals, were filed by the aggrieved parties before the High Court out of which three were dis posed of by a companymon judgment on 11 9 1972.
However, in all fairness it was in the next breath pointed out to us that another Single Judge of the same High Court in Vasantarn Sambasiva Rao v. Sri Krishna Cement and Concrete Works, Tenali, 1977 Andhra Law Times Reports at 528 doubted the view in Mohd.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
76 of 1974 whereby the High Court reduced the decree of the trial companyrt to one fourth disal lowing the remaining three fourth on the ground that the same was barred by limitation.
229 of 1976.
The plaintiff appellant hereinbefore us ventures to have the decree of the trial companyrt restored.
1974 passed by the High Court of Kerala in A.S. No.
Ms. Shyamla Pappu, G. Vishwanathan lyer, V.B. Saharya and Mrs. Sarla Chandra for the Respondents.
The Judgment of the Court was delivered by PUNCHHI, J. This appeal by special leave is against the judgment and decree dated 6.9.
Padmanabhan, K. Prasonthi and N. Sudha Karan for the Appellant.
Since defendant respondent No.
2, Santu Mohammed Rawther is to meet the established liability, there is an effort on his behalf, though quite belated, to seek leave to cross object to the partial decree of the suit.
The facts giving rise thereto were indeed diverse and varied which got involved in four suits disposed by the trial companyrt by a companymon judgment, in the first instance, in April, 1967.
76 of 1974.
The trial companyrt in pursuance of the order of remand granted a decree against the defendants for a sum of Rs.56,769.80, with interest thereon at 6 1/4 per cent from 11 11 1964 till 31 7 1955 and thereafter at 6 per cent per annum till payment, with proportionate companyts against the estate of Vellappa Rawther in the hands of defendants 2 to 10 and another personal decree for a certain sum against the first defendant respondent which presently is number in dispute.
