1966 Supreme(All) 162
S.S.DHAVAN
Satya Narain – Appellant
Versus
Nanki Devi – Respondent
Advocates:
Ambica Pd. and H.P. Agarwal, for Appellant; Roshanlal Bhata and S.N. Verma, for Respondent.
JUDGEMENT :- This is a plaintiff's second appeal from the decree of the Additional District Judge, Kanpur confirming that of the First Additional Civil Judge, Kanpur dismissing his suit for the recovery of a sum of Rs. 6,529/4/6 plus interest on the basis of a promissory note. The plaintiff appellant Satya Narain and the defendant respondent Smt. Nanki Devi are related, though the relationship is distant. The appellant alleged that the respondent's husband was his uncle (mama) who died in 1949 leaving two widows one of whom is the respondent Nanki Devi; that the respondent resides in East Pakistan; that after her husband's death the two widows had disputes; that the respondent required money for recovery of the debts due to her late husband and requested him (the appellant) to help him and he agreed; that he advanced her money to enable her to file a suit in the Court of the Civil Judge at Fatehpur, and another sum of money to pay a part of the sale price of the house which she purchased in Kanpur, and a further sum of money to enable her to carry out the repairs of the house purchased by her, that the respondent was unable to re-pay the amounts borrowed by her but on the appellant
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