Kunjabehari Chakrabarty vs Krishnadhone Majumdar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1940 Supreme(Cal) 116

Kunjabehari Chakrabarty – Appellant
Versus
Krishnadhone Majumdar – Respondent

JUDGMENT

1. This appeal is in a suit instituted by the appellant, Kunja, on 19th March 1938 in the First Court of the Subordinate Judge at Howrah to set aside on the ground of fraud a decree passed by this Court in its ordinary original jurisdiction. The question in this appeal is whether the suit is maintainable on the allegations made in the plaint and on the facts either admitted or conclusively proved. The respondent, Krishnadhan, brought Suit No. 1209 of 1930 against the appellant in the original side of this Court for recovery of the sum of Rs. 7068-9-6 due on a promissory note said to have been executed at Calcutta on 30th June 1927 by the latter in his favour. The promissory note was filed with the plaint but was taken back by his Solicitors, Messrs. O.C. Ganguly & Co., after keeping on the record an authenticated copy. At the time of the hearing of the suit the original promissory note was not before the Court. After entering appearance in that suit the appellant asked the respondents' solicitors to give him inspection of the original promissory note. That request was not complied with, the said solicitor taking up the position that it had been mislaid is his office after i

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