JUDGMENT :

Misra, J. - Plaintiff is the Appellant. Plaintiff brought the suit for recovery of Rs. 1, 358/10/-on the basis of a promote dated 3-10-1953 (Ext. 9). The principal advanced on the pronote is Rs. 999/-. Out of this, Rs. 160/-was paid in cash, Rs. 506/- was adjusted towards Plaintiff?s dues on a previous pronote dated 26-10-1947 and Rs. 333/-was paid to Gandharba Misra, a creditor of Defendant No. 1. Inspite of repeated demands Defendant No. 1 and his undivided sons did not pay up the loan. Defendant No. 2 is the scribe of the suit pronote.

2. Defendant No. 2 did not contest. Defendants 2 to 4 are the sons of Defendant No. 1. The other Defendants contested their suit alleging that Defendant No. 2 was addicted to opium and due to difference with the father got the suit pronote forged and the suit has been filed at his instance. A further defence was also taken that the plaint did not comply with the provisions of the Orissa Money-Lenders Act and the Rules made thereunder (hereinafter to be referred to as the Act and the Rule).

3. Both the courts below concurrently found that the transaction in suit is true and the hand note is genuine. They accepted the Plaintiff's case on mer