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Gangaram Bhojraj Vs. Dhanman Sirdar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in41Ind.Cas.393
AppellantGangaram Bhojraj
RespondentDhanman Sirdar and ors.
Excerpt:
provincial small cause courts act (ix of 1887), section 25 - revision--admission of claim--court, power of, to dismiss suit. - .....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.....
Judgment:

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.


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