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1934 Supreme(All) 92

ALLSOP
A. Williams – Appellant
Versus
Kallu Mal Magan Lal – Respondent


JUDGMENT

Allsop, J. - This is a second appeal against a decree passed by the learned Subordinate Judge of Jhansi in first appeal. The suit which gave rise to the appeal was instituted for the recovery of certain sums of money on the bsais of three instruments which were alleged to be promissory notes. In respect of one instrument which was executed by the wife of the defendant-appellant, no decree was passed. In respect of the other two instruments a decree was passed. The only dispute now is about interest upon the sum due on the basis of one of the instruments. About the other instruments there is no dispute. In the instrument which is in dispute, there is no reference to any payment of interest. The document is in these terms:

Due to Kallu Bania for stores purchased the sum of Rs. 649-14-6 (Rupees six hundred and forty-nine annas fourteen and pies six) only.

2. The inconsistency is in the original. It is doubtful whether this can be called a promissory note, but it is so called by the plaintiff and this description was accepted by the defendant. The only question is whether interest should be paid on this sum of Rs. 649 odd because there is no mention of any covenant to pay interes

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