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1973 Supreme(Cal) 240

DEBI PRASAD PAL
SIB NARAYAN MUKHERJEE – Appellant
Versus
JANAK UPADHYA – Respondent


Advocates Appeared:
C.C.GANGULY, HARINARAYAN MUKHERJEE, SUSHIL KUMAR BAJPAYEE

DEBI PROSAD PAL, J.

( 1 ) THE plaintiff is the appellant in this appeal which arises out of a suit instituted against the defendant-respondent for recovery of a sum of Rs. 3,486/-given on account of loan. The plaintiff's case is that the defendant being in urgent need of money for the purpose of carrying on his business borrowed a sum of Rs. 3,000/-from the plaintiff on 26-6-1956 agreeing to pay off the same with interest at the rate of /8/ annas per cent per month on demand and executed a pronote for the same in favour of the plaintiff on the said date. In spite of demand and in spite of presentment of the handnote in suit, the defendant did not pay the plaintiff anything towards the dues of the hand-note in suit. Hence the suit was instituted to recover the sum of Rs. 3,486/- including interest from the defendant. The defendant in his written statement pleaded that as he was in urgent need of money in connection with the marriage of his adopted son, the plaintiff paid only Rs. 1,500/- and got a pronote for Rs. 3,000/-executcd under influence and coercion. The defendant further prayed that he should be allowed to pay the decretal dues, if any decree is passed at all, in instalmen





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