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1969 Supreme(Pat) 82

M.VERMA, A.AHMAD
Rai Bahadur Gajadhar Prasad Sah – Appellant
Versus
Nath Mal Sah – Respondent


Judgment

A.Ahmad and M.Verma JJ.

1. Tins appeal by the defendants arises out of a suit for recovery of Rs. 12,631-8-0 on the basis of a hand-note dated the 29th June, 1954, as well as on the basis of Bahi Khata entry dated the 26th December, 1956. The appeal is confined to the question as to whether any decree has been passed in favour of the plaintiff-respondents by way of compound interest.

2. In order to prove their case, the plaintiffs examined five witnesses, but no witness was examines on behalf of the defendant-appellants. A perusal of the handnote, dated the 29th June, 1954, on the basis of which the present suit was brought, makes it clear that it was executed for a sum of Rs. 11,938-6-0 on account of various previous transactions. There is also a stipulation for payment of interest at the rate of 12 annas per centum per mensem.

3. Mr. Sailesh Chandra Sinha, appearing for the appellants, has, in the first instance, argued that the transactions prior to the execution of the handnote (Ext. 5/a) should be examined by this Court in order to see whether the appellants have been made liable to pay any compound interest on the various amounts advanced to them. We are not in a posi





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