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PAL, B. K. MUKHERJEA
Jitendra Chandra Roy Chowdhury – Appellant
Versus
S. N. Banerjee, Barrister-at-Law – Respondent
JUDGMENT
B.K. Mukherjea, J. - This appeal is on behalf of the defendants and it arises out of a suit commenced by the plaintiff as receiver to the estate of Gopiballav Sen and others to recover from the defendants money due on a hand-note. The plaintiff's case was that the two defendants jointly took a loan of Rs. 3000 only from the late Kumar Jamini Ballav Sen of Dimla, upon executing in favour of the latter, a hand-note for the said amount on 25th Jaistha 1332 B.S. corresponding to 8th June 1925. On the death of Kumar Jamini Ballav, his estate devolved upon his four sons, named Gopi Ballav, Jyotish Chandra, Rukmini Ballav and Manmatha. Their estate is now under the management of Mr. S.N. Banerji, Barrister-at-Law, who was appointed a receiver, by the original side of this Court in Extraordinary suit No. 4 of 1935, and it was the receiver who under authority of the Court instituted the present suit. The defendants, according to the plaintiff, had paid in all Rs. 581 in different instalments towards the principal of the said loan, but nothing was paid by them by way of interest. The total amount of interest due at the date of the suit was Rupees 3939 annas odd. As under the law the
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