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1902 Supreme(All) 5

AIKMAN, BANERJI
Thakur Das – Appellant
Versus
Gulab Kunwar – Respondent


JUDGMENT

Aikman and Banerji, JJ. - This appeal arises out of a suit brought by the plaintiff-respondent upon two hundis drawn by Musammat Mohan Kunwar in favour of the plaintiff. Mohan Kunwar being dead the suit was brought against the defendant-appellant as her legal representative. The defence was a denial of the hundis. The Court of first instance (the Munsif of Agra) dismissed the suit, holding that the execution of the hundis was not proved. On appeal by the plaintiff the learned Subordinate Judge came to an opposite finding upon a consideration of the evidence, and holding that the hundis were proved, granted the plaintiff a decree for the amount claimed, to be recovered from the estate of Mohan Kunwar. Against this decree the present appeal has been filed. The first ground taken in the memorandum of appeal is admittedly one which cannot be supported. It is to the effect that the appellant is not liable in law for the payment of Mohan Kunwar's debt. The appellant has not been made personally liable, but only to the extent of any assets which Mohan Kunwar may have left, and which may be in the appellant's hands.

2. The two remaining grounds impugn an order of the lower appellate

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