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1966 Supreme(Ori) 47

R.K.DASH, G.K.MISRA
MAWAJI RAMJI – Appellant
Versus
PREMJI KUMBHABHAI CHANDA – Respondent


Advocates Appeared:
B.PATNAIK, D.MOHANTY, R.C.PATNAIK, R.N.MISRA

MISRA, J.

( 1 ) PLAINTIFF's suit is for recovery of Rs. 6,800 with pendente lite and future interest on the basis of a promissory note (Ex. 1) dated 9-8 1957 for Rs. 5,000/- executed by deceased Ramji Haridas (hereinafter to be referred to as the deceased) Defendants Nos. 1 and 2 are the sons Defendant No. 3 is the widow and defendant no. 4 is the son's son of the deceased. In the plaint, a bald case was advanced that the defendants as heirs and successors of the deceased are in possession of vast properties left by him and did not pay up the dues despite repeated demands the cause of action was alleged to have arisen on 9-8-1954 when the loan was advanced and on 9-8-1957 when Ex 1 was renewed. At the evidence stage plaintiff advanced the story that in his presence at Jatni Ex. 1 was executed and the deceased put the dates thereon. The averments in the written statement are of a general nature. Though pleas were taken that the suit was barred by limitation and was defective for non-joinder of parties, it did not indicate the facts on the basis of which such pleas were advanced. There was no denial of the assertion in para 3 of the plaint that the defendants were in possession of t
























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