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1959 Supreme(P&H) 155

S.S.DULAT, D.K.MAHAJAN
Ram Singh Narain Singh – Appellant
Versus
F Dewan Chand Nand Kishore – Respondent


Judgment


1. This second appeal arises out of a suit for recovery of Rs.4844/10/6, principal and interest, on the basis of two hundis executed on 9-9-1946, and the 20th of September, 1946, for a sum of rs.2400/- and Rs.1600/- respectively by Dewan Chand on behalf of the joint Hindu family firm dewan Chand Nand Kishore, and a pronote executed by Dewan Chands son Nand Kishore for a sun of Rs.500/- on behalf of the firm carrying interest at the rate of 71/2 per cent per annum. The aforesaid hundis and the pronote were executed in favour of Ram Singh. On the 28th of december, 1946 an acknowledgment was executed relating to the first two hundis both by diwan Chand and his son Nand Kishore. After the death of Diwan Chand the present suit was filed on 21-2-1948, for recovery of Rs.4844/10/6 with interest against the debtors, Nand Kishore major and Ranbir Kumar minor, sons of diwan Chand, and their mother Chand Rani. The defence set up to this suit was that there was no consideration for the hundis and the pronote. The trial Court on 26-2-1949 passed a decree in the following terms: "i grant plaintiff a decree for Rs.484410/6 and costs against defendants to the extent of the property of Diwa






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