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1935 Supreme(Cal) 298

PANCKRIDGE
Kalooram Agarwalla – Appellant
Versus
Jonistha Lal Chakrabarty – Respondent


JUDGMENT

Panckridge, J. - This is a suit by the assignee and endorsee of a certain promissory note. In the plaint it is stated that on 2nd June 1931 a sum of Rs. 1,729-13-3 was due and owing from the defendants to one Gazadhar Marwari and that the defendants agreed to pay interest on the sum at the rate of Rs. 1-8-0 per cent per mensem. As security for payment of the sum they executed on that date a promissory note in Gazadar Marwari's favour. On 1st June 1934, Gazadar Marwari in Calcutta assigned the debt and endorsed the promissory note in favour of the plaintiff for valuable consideration. There is said to be due and owing at the time of suit a sum of Rs. 2,673-1-6. The note in question is signed by defendant 1 purporting to sign on his own behalf and on behalf of defendant 2 who is his brother. The suit was instituted on 1st June 1934. In the plaint the defendants are described as both residing at Anara in the district of Manbhum, and it is common ground that the promissory note was executed at that place. The defendants have both filed written statements in which they have put forward various defences on the merits. They say that the execution of the promissory note was obtaine

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