JUDGMENT - SHAH, J.:

The plaintiff filed Civil Suit No. 4o of 195o in the Court of the Civil judge, Senior Division, Ahmednagar, against the defendants who are brothers for a decree on a promissory note for Rs. 15,351/- executed by them on 25th July, 1947, after giving credit for Rs. 4,375/4/- received in part satisfaction of the dues under the promissory note. It was the plaintiffs case, that on 25th July, 1947, all the four defendants executed a promissory note agreeing to pay Rs. 15,351/- on demand together with interest at the rate of 12 per cent and that in part satisfaction of their liability under the promissory note the defendants had sent some jaggery to the plaintiffs shop for being sold on commission and the proceeds thereof were credited towards the account and the balance of Rs. 15,728/-remained due and payable by the defendants. The suit was resisted by all the defendants.

(After stating facts and discussing questions not material for reporting the judgment proceeds).

(2) Then it was urged that as the 4th defendant was adjudged a debtor under the B.A.D.R. Act in an application filed by one of his creditors and an award was made the plaintiff was bound by the award and th

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