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1926 Supreme(Cal) 282

PAGE, CUMING
Bhupendra Narayan Sinha – Appellant
Versus
Chandramoni Gupta – Respondent


JUDGMENT

Page, J. - The suit out of which this appeal arises was brought to recover damages for negligence. The father of the first defendant, Maharaja Ranjit Sinha, was the executor of the estate of the plaintiff's husband and the certificated guardian of her property. During the period in which he bore this relationship towards the plaintiff he lent out of the estate of, the plaintiffs' husband a sum of Rs. 2,000 upon the security of a promissory note. In substitution of that note a new promissory note was executed by the parties to the previous note for Rs. 2,500 on the 14th March 1914. No steps were taken by the Maharaja to recover the amount of this promissory note which was payable on demand, the result being that on the 14th March 1917 the cause of action upon the promissory note became barred, by limitation. On the 3rd May 1918 the Maharaja died, and was succeeded by his son the first defendant. Between 1918 and 1920 when the plaintiff reached her majority the Defendant No. 1 was her certificated guardian. On the 3rd May 1921, the plaintiff instituted the present suit against the Maharaja's eldest son and his two brothers, as heirs of the Maharaja. The relief sought, however

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