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1961 Supreme(Pat) 35

K.AHMAD
Hari Prasad Agarwal – Appellant
Versus
Nathuni Sahu – Respondent


Judgment

K.Ahmad, J.

1. The suit giving rise in this appeal way for recovery of Rs. 2,512/8/- including interest on the basis of a hand-note claimed to have been executed on 10-7-56 by the defendant in favour of the plaintiff. The defence put up at the trial was that though the endorsement made across the stamp was in the pen of the defendant hut that was done on a blank piece of paper and without any date in circumstances which shall he presently stated hereafter. In substance, therefore, the defendant denied either to have executed the hand-note or to have received any consideration thereunder and the explanation which was given in support of the claim that the endorsment was made on a blank piece of paper was that

". . . the plaintiff and his friend Nathuni Ram of Hussainabad proposed to the plaintiff to start a partnership business and also take one Tilak Prasad who is the brother of the plaintiffs bahnoi as one of the partners. The defendant agreed to this proposal but he had no ready money to contribute his quota of the capital investment in the said enterprise. The plaintiff then proposed that the defendant should execute a handnote for Rs. 2500.00 representing his share of t
































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