Gangaram Bhojraj v. Dhanman Sirdar And Others

Gangaram Bhojraj v. Dhanman Sirdar And Others

(High Court Of Judicature At Calcutta)

CALCUTTA HIGH COURT | 14-05-1917

1. The application, upon which this Rule was issued, arises out of a suit to recover Rs. 120 on a hand-note executed by the deceased father of the defendant on account of arrears of interest due to the plaintiff firm on previous hand-notes.

2. It appears that the defendant put in a petition admitting the claim of the plaintiff and prayed that he might be allowed to pay the money in two instalments.

3. The learned Small Cause Court Judge took evidence in the matter and dismissed the suit on the ground that there was no consideration for the hand-note; because it was executed in consideration of interest due on previous hand notes.

4. We think that the Court below ought to have decreed the suit when the defendant admitted the claim.

5. The defendant has not appeared in this Court.

6. The plaintiff agrees to receive the money in two instalments out of the estate of the deceased.

7. We accordingly direct that a decree be passed in favour of the plaintiff for the amount claimed, to be paid by the defendant one-half within a month of the arrival of the order in the Court below and the balance within another month from the payment of the first instalment. The amount will be realised from the assets left by the deceased father of the defendant.

Advocate List
Bench
  • HON'BLE JUSTICE Smither, J
  • HON'BLE JUSTICE N.R. Chatterjea, J
Eq Citations
  • 41 IND. CAS. 393
  • LQ/CalHC/1917/216
Head Note

Limitation Act, 1908 — S. 11 — Suit to recover Rs. 120 on a hand-note executed by deceased father of defendant on account of arrears of interest due to plaintiff firm on previous hand-notes — Defendant admitting claim of plaintiff — Small Cause Court Judge taking evidence in matter and dismissing suit on ground that there was no consideration for hand-note, because it was executed in consideration of interest due on previous hand notes — Held, Court below ought to have decreed suit when defendant admitted claim — Decree passed in favour of plaintiff for amount claimed, to be paid by defendant one-half within a month of arrival of order in Court below and balance within another month from payment of first instalment — Amount to be realised from assets left by deceased father of defendant