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1990 Supreme(Ori) 376

K.C.JAGADEB ROY
SRIMATI SAILABALA DEVI – Appellant
Versus
NARASINGHA DAS – Respondent


Advocates Appeared:
N. Mohanty and H.N. Kanungo, for the Appellant; Deepak Misha and R.N. Naik, for the Respondent

JUDGMENT :

K.C. Jagadeb Roy, J. - The Plaintiff is the Appellant in this case. She filed a Money Suit bearing No. 264 of 1977 in the Court of the Subordinate Judge, Cuttack for, realisation of a sum of Rs. 4,000/- towards principal under a promissory note and Rs. 1,429/- towards interest from the Defendant.

2. It was the case of the Plaintiff, that the Defendant was in urgent need of money and borrowed a sum of Rs. 4,000/- from her on 26-10-1974 and in evidence thereof executed a promissory note in favour of the Plaintiff. Since the Defendant had not repaid the loan with interest inspite of repeated demands the Plaintiff was forced to file the suit. In the suit the Defendant was set ex parte. The Plaintiff had examined her husband-Gopabandhu Panda as P.W. 1 who had stated that the amount of Rs. 4;0001- was received by the Defendant from the Plaintiff who had executed a Promissory note in favour of the Plaintiff and the said promissory note was marked as Ext-1. The Plaintiff was a registered money-lender and bad obtained a, certificate from the sub divisional Officer, Jagatsinghpur u/s 18-B (2) of the Orissa Money-Lenders (Amendment) Act, 1939. The trial Court held that the Plaintiff









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