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1930 Supreme(All) 34

NIAMAT ULLAH, SEN
Lala Bhagwati Prasad – Appellant
Versus
Muzaffar Husain – Respondent


JUDGMENT

1. This is an application for revision u/s 25 of the Small Cause Courts Act. The facts of the case, which have given rise to this application lie within a very narrow compass. On the 26th of November, 1922, Jamil Husain and Musammat Himaiti Jan borrowed Rs. 275 from the applicant, Lala Bhagwati Prasad, and executed a promissory note in his favour. The stipulated rate of interest was Rs. 1 8-0 per cent, per mensem. On the 26th of May 1928, a suit was instituted for recovery of Rs. 5224-0, principal and interest on the promissory note. The suit, as originally framed, was directed against both the executants, viz., Musammat Himaiti Jan and Jamil Husain. It transpired, however, that Musammat Himaiti Jan was dead at the date of the suit. The plaintiff applied that the names of her legal representatives be brought on the record. Muzaffar Husain and Jamil Husain were the heirs of Musammat Himaiti. Jamil Husain was already a defendant in the suit. The name of Muzaffar Husain was brought on the record by an order of the Court, dated the 13th of September, 1928.

2. On the 30th of June, 1925, Jamil Husain paid Rs. 25 towards interest on the promissory note, and the fact of the payment

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