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1925 Supreme(Cal) 225

PAGE
Ramkumar Sewchand Roy – Appellant
Versus
Nanuram Poddar – Respondent


JUDGMENT

Page, J. - This is a suit brought to recover money lent. The munim gomastha of the plaintiff firm gave evidence in support of the claim, but no evidence was adduced by the defendant in rebuttal. I am satisfied that the sums claimed as having been lent by the plaintiffs to the defendant were lent as alleged. The claim, how ever, is barred by limitation unless a payment of Rs. 1.000 alleged to have been made on behalf of the defendant on the 3rd October 1921 amounts to a part-payment within Section 20 of the Limitation Act, 1908, of the moneys due by the defendant to the plaintiffs in respect of the sums which had been lent. The munim gomastha of the plaintiffs stated that one Naitram Jajodia, who was a friend and purported to act as the agent of the defendant, sent this sum of Rs. 1,000 by a messenger who handed the money to the plaintiffs, and at the same time delivered to the plaintiffs a slip in the following form: "To Ramkumar Sewchand Roy, "Please accept compliments of Naitramjee. I send one piece note for Rs. 1,000 through my man. Please credit same to Nanuramjee Poddar, Miti Aswin Sudi, 2nd, Sambat 1978." The munim gomastha further stated that this slip was in the han

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