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Bibhuti Bhusan Pal Choudhury – Appellant
Versus
Srimati Mani Bala alias Manimala Dasi – Respondent
JUDGMENT
1. This appeal is by the principal Defendants and it arises out of a suit upon a promissory note. The Plaintiff's case is that Defendant No. 1 and the predecessor-in-interest of the Defendants Nos. 2 and 5 executed a promissory note for the sum of Rs. 4,000 in favour of the pro forma Defendant No. 6, Hemangini Dassi, on the 9th August, 1926. Pro forma Defendant No. 6 by a deed of gift transferred her interest in the note to the Plaintiff. The interest payable on the amount was 9 per cent, per annum. The Defendants made payments towards interest totaling the sum of Rs. 1,735. The Plaintiff accordingly sues for the recovery of the principal with interest less Rs. 1,735.
2. The defence taken is as follows: No sum of money was advanced by Hemangini Dassi to the aforesaid Defendants at the time of the execution of the promissory note. On the 23rd December, 1919, the aforesaid Defendants borrowed the sum of Rs. 2,000 from Triguna Prosad Pal Choudhury, the Plaintiff's husband, and executed a promissory note in his favour for that sum. On the 13th August, 1920, they borrowed the sum of Rs. 1,000 from Srimati Hemangini Dassi, the mother of Triguna Prosad Pal Choudhury and executed a
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