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1999 Supreme(Cal) 310

BARIN GHOSH
Dayem Ali also known as Shaik Dayem Ali also known as Sk. Dayem Ali – Appellant
Versus
Sk. Md. Kamal also known as Shaik Mohammed Kamal also known as Mohammed Kamal – Respondent


JUDGMENT

In this suit, the plaintiff seeks to recover a sum of Rs. 1,41,029.88p interim interest and interest on judgment at the rate of 18% per annum and costs of the suit from the defendant. Despite service of the writ of summons upon the defendant, he has not appeared in the suit nor, has contested the same. In the premises, I could pass a decree in favour of the plaintiff under Order 8 Rule 5 of the Code of Civil Procedure, 1908, but having regard to the principal document sued upon and the nature of pleadings, I asked the plaintiff to prove his claim. Accordingly, the plaintiff deposed and tendered documents in evidence.

2. It is case of the plaintiff that on 16th December, 1987, the proforma defendant lent and advanced to the defendant a total sum of Rs. 70,000/- on nine hundles repayable on the expiry of 180 days there form together with interest at the rate of 18% pre annum. Those hundles were accepted by plaintiff. On the maturity, i.e., on 14th June 1988, despite presentation of the said hundles the defendant dishonoured the same by none payment. The plaintiff and the proforma defendant made several demands for payment but the defendant refused to pay. On 16th February, 199














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