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1938 Supreme(Lah) 199

ADDISON
Firm Sri Chand-Sheo Parshad – Appellant
Versus
Lajjia Ram – Respondent


JUDGMENT

Addison, J. - The plaintiff firm sued the minor Lajjia Ram for the recovery of Rs. 13,353-4-0, alleged to be due on a pronote for Rupees 11500 said to have been executed by his deceased father, Rai Sahib Balmokand, on 30th October 1933. The minor's fat her died towards the end of 1935 and the present suit was instituted; on 12th December 1936. According to the plaint, interest was paid up to 22nd August 1934, while Rs. 200 towards interest were paid by cheque on 26th April 1935. It was further claimed that limitation was extended by the circumstance that the minor's guardian, Rai Bahadur Ganga Ram, acknowledged this debt in the list of debts prepared for the information of the Court in the guardianship application, It was pleaded that both the payment of Rs. 200 and this acknowledgment saved limitation. The minor's guardian pleaded that the pronote was executed by Balmokand but it was denied that the sum of Rs. 200 was paid towards interest on this pronote. It was further denied that the mention of the debt in the list referred to was an acknowledgment which saved limitation.

2. When the suit was instituted the pronote was not put into Court. Only a copy of it was filed with

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