N K Ahmedsa Rowthet vs Mg San Nyein - 1927 Supreme(Rang) 39

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(Rang) 39

CARR
N K Ahmedsa Rowthet – Appellant
Versus
Mg San Nyein – Respondent

JUDGMENT

Carr, J - The plaintiff-appellant sued the defendant-respondents for money due on a promissory note. The note was executed on the ' 27th November 1919, and the suit was filed on the 13th November 1925 very nearly six years later. It was claimed in the plaint that the suit was within time by reason of a payment of Rs. 500 towards interest alleged to have been made on the 14th November 1922. The original borrowers were both dead, and the suit was against their legal representative who denied knowledge of the transaction and put the plaintiff appellant to strict proof of his claim. The learned Additional District Judge found that the plaintiff appellant's suit was time barred and accordingly dismissed it with costs.

2. The promissory note bears an endorsement in Tamil to the effect that Rs. 500, had been paid towards the note on the 14th November 1922. Immediately below this endorsement was another endorsement in Burmese purporting to be written and signed by Ko Kya Baw, the original borrower, regarding the payment of Rs. 500/. The date of this second endorsement is the 1st lazan of Tazaungmon, 1284, B.E. This is equivalent to the English date 20th October 1922. Thus, if the Bu

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