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1973 Supreme(Del) 248

B.C.MISRA
LACHHMAN SINGH – Appellant
Versus
C. D. TANEJA – Respondent


Advocates Appeared:
Jetha Nand, O.P.MALVIYA

B. C. Misra

( 1 ) THIS revision petition has been filed u/s 115, C. P C. against the order of the Subordinate Judge dt. 11-9-72 by which he has granted leave to the petitioners to defend the suit in respect of a part of the amount claimed in the suit while it has refused leave in respect of another part. The suit was instituted by Narain Dass Babar, plaintiff who is respondent No. 2 herein It was instituted against the petitioners and one Bhagwant Singh who was defendant No. 2 and who has since been given up by the plaintiff. Mr. C. D. Taneja first respondent in the revision (the original holder of the promissory notes) was defendant No. 4 in the suit. The plaintiff instituted the suit on the allegations that defendant 1, 2 and 3 executed two pronotes in favour of defendant No. 4; one being dated 15th November, 1968 for a sum of Rs. 1,800. 00 and the other dated 22nd November, 1968 for a sum of 2,500. 00. It was alleged that the defendants had paid Rs. 950. 00 towards debts which had been adjusted by defendant No. 4 towards the first pronote of Rs. 1,800. 00 (being Rs. 811. 00 on account of principal and Rs. 139. 00 on account of interest) and that the balance was claimed in respect







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