This is an appeal against the decision of the learned District Judge, Nowgong, dated 31-5-1968 passed in Money Suit No. 4 of 1968 by which he de­creed the plaintiffs' suit on a promissory note for Rs 5,500/-.

2. The plaintiffs are Afgan Nationals residing in Nowgong town and doing Money lending business. Their case was that the defendant Bhanwarilal Tatar borrowed Rs. 5000/- from them on 9-3-1965 executing a promissory note in their favour, stipulating to repay the same on demand with interest at the rate of 6 pies per rupee, per month. As the defendant did not pay any money in spite of demand they filed the suit for a decree of Rs. 5,500/- including interest at the rate of Rs. 10/- per hundred, per year.

3. It may be mentioned here that the plaintiff No. 2 Phata Khan instituted the suit for and on behalf of himself and plaintiff No. 1 Ahmed Khan describing himself as an Attorney of plaintiff No. 1.

4. The defendant filed a written statement contesting the plaintiff's claim. He alleged that there is no cause of action for the suit and that the suit is not maintainable under the Assam Money Lenders Act. The defendant denied that he had executed any promissory note in favour of the plai

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