( 1 ) THE Appellant is the plaintiff, the respondent is the defendant. The suit was filed for recovery of Rs. 2233-35 on a promissory note dt. 10-12-1962 executed by the defendant in favour of the plaintiff. The defendant admitted the execution of the promissory note but pleaded that there was no consideration for it. He also pleaded that it was obtained by mis-representation and fraud. Both the lower Courts have dismissed the suit. Both the lower Courts have held that the suit promissory note is not supported by consideration and that it is un-enforceable. It is the correctness of this finding that is in question in this appeal.

( 2 ) THE plaintiff is a Banking firm. Defendant's father used to borrow monies from the plaintiff-firm. He died. According to the case of the plaintiff thereafer the defendant verified the accounts of his father and was satisfied that a sum of Rs. 3900 was due from the defendant's father to the plaintiff-firm, that a remission of Rs. 1400 was made and that the defendant agreed to pay Rs. 2500 and executed the suit promissory note on 10-12-1962. It is also the plaintiff's case that the defendant has paid some amounts towards the said debt. The suit was fil

Click Here to Read the rest of this document