JUDGMENT - K.K. Desai, J.

1. This is the plaintiffs appeal from the order dated March 30, 1966, passed by Mr. Justice Mody on the defendants Notice of Motion dated February 11, 1966, whereby the Summary Suit No.4 of 1966 was stayed pending the hearing and final disposal of the defendants Suit No. 2270 of 1965 in the High Court at Calcutta with liberty to the plaintiffs to proceed with their above suit in so far as it concerned the plaintiffs two claims of Rs. 5000/~ and Rs. 582/-. The costs of the Notice of Motion were made costs in the cause.

2. The relevant facts are as follows:

3. In March 1963 the plaintiffs sold and the defendants purchased from the plaintiffs Hoe Rotary Printing Machine for the price of Rs 2,50,000. Originally, the defendants had executed in favour of the plaintiffs Bankers a demand promissory note thereunder promising to pay the said price along with interest at 71/2 per cent per annum. The plaintiffs demanded payment of the price repeatedly by correspondence which forms part of the annexures to the plaint. The promissory note executed in favour of the plaintiffs Bankers was in August 1964 substituted by a demand promissory note for the above sum of Rs. 2,50,00

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