Vengadasalam Chetty vs Rawter – clr volume 3 page 039

In the case between joint payees of a promissory note (including Kalu Appu, Don Andris) as plaintiffs and the surviving maker plus representatives of the deceased maker as defendants, the court addressed whether procedural requirements under sec. 755 of the Civil Procedure Code were satisfied concerning the petition of appeal, and whether the omission of affidavits from all plaintiffs justified recalling the summons. It was held that while the Secretary’s certificate and the petition’s form were, in substantial compliance, sufficient for the appeal process, the failure of all joint payees to file affidavits as required by sec. 705 constituted a procedural deficiency. The case reaffirmed the principle that in proceedings involving joint claimants, strict compliance with affidavit requiremen