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1987 Supreme(Raj) 267

MOHINI KAPUR
Ballabh Das – Appellant
Versus
Rajesh Chand Gupta – Respondent


Advocates Appeared:
S.M. Mehta, for Appellant; S.C. Agarwal, for Respondents

MOHINI KAPUR, J.—This is a plaintiffs appeal against the judgment and decree dated 31st March, 1978, passed by the Additional District Judge No. 1, Jaipur City, dismissing the suit of the appellant for the recovery of Rs. 20,563/.

2. The facts of the case lie in a very narrow compass. The plaintiff appellant advanced a sum of Rs. 18,000/-on 1.4.1968, for which a pronote and receipt was executed by respondent no. 1. This pronote describes the borrower as Rajesh Chand Gupta s/o Harish Chandra Gupta, c/o Delhi Sanitary Stores, Choura Rasta, Jaipur. The pronote has been signed by Rajesh Chand Gupta with out specifying as to the capacity in which he has put his signatures. On 8 6.1969, a sum of Rs. 5,000/- was paid towards the loan by Rajesh Chand Gupta and he made an endorsement to this effect on the reverse of the pronote. The allegation of the plaintiff appellant was that the money had been obtained by Rajesh Chand Gupta in his capacity as partner of M/s Delhi Sanitary Stores, and this firm as well as the other partner Shri S. C Gupta were also liable for the amount which remained unpaid. The suit was instituted on 3. 10. 1974 and in order to bring the suit within limitation, extensio


































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