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1941 DIGILAW 68 (MAD)

Muthusamia Pillai v. R. S. A. Sankara Aiyar

1941-02-18

WADSWORTH

body1941
JUDGMENT Wadsworth, J. 1. 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 per cent. on the amount so settled under Section 9 of Act IV of 1938. This is correct. Unless a debt falling under Section 9 relates back to a debt incurred before 1st October, 1932, so as to invoke the provisions of Section 8, there is nothing in Section 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.