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1960 Supreme(P&H) 77

TEK CHAND, SHAMSHER BAHADUR
Chandan Lal Joura – Appellant
Versus
Amin Chand Mohan Lal – Respondent


Judgment

Tek Chand, J.

1. This is plaintiffs appeal from the judgment and decree of Subordinate Judge First Class who dismissed his suit which was for the recovery of Rs. 27,250 inclusive of interest, on the basis of a pronote for Rs. 25,000 dated 13th of May, 1949. There are three defendants in this case. Defendant No. 1 is the partnership firm Amin Chand Mohan Lal and defendant Nos. 2 and 3 are the two partners Mohan Lal Sayal, and Amin Chand Puri. According to the plaint, Moha Lal defendant No. 2 had executed a pronote (P/A) for Rs. 25,000 in favour of the plaintiff at Amritsar on 13th of May, 1949, for cash received, and agreed to pay the amount on demand with interest at 3 per cent per annum. It was stated that the amount had not been paid despite repeated demands. On this basis it was prayed that a decree for Rs. 27,250 be passed in plaintiffs favour against the defendants with costs and future interest. The suit was filed on the last day of limitation.

2. Amin Chand defendant No. 3 who is the principal contesting respondent before us, in his written statement, denied the above allegations and also raised a preliminary objection that the Court at Amritsar had no jurisdiction,





































































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