CHUNI LAL MANGA Vs. MANGAT RAM

JUDGEMENT

(1.) The plaintiff/petitioner is aggrieved by the order of dismissal of his suit by the learned Commercial Sub- Judge (Mrs Santosh Duggal) to review which an application was also made; a notice of the same was ordered by Mrs. Santosh Duggal herself, but the application for review was subsequently dismissed by Shri P. K. Bahri, her successor.

(2.) The suit was laid by the plaintiff/petitioner, Director of a company registered under the Companies Act of 1956, against the defendant (Mangat Ram alias Mangtu) in respect of a borrowing in the sum of Rs. 4550.00 (originally wrongly mentioned in the plaint as Rs. 4500.00 but since corrected) in respect of which a hundi was said to have been executed on the same date, namely, 17th March, 1966, for a period of 180 days commencing 17th March, 1966 and expiring on the 12th September, 1966. The hundi was presented for payment through a Notary (P.W. 2), who was examined only in part and the defendant refused to pay the amount due. The suit was laid for recovery of the said sum as on a hundi, a negotiable instrument, for recovery of Rs. 4840.00 with interest at 12% per annum under Order 37 Civil Procedure Code . Leave to defendant was granted because the defendant not only denied his signature on the hundi but also denied the borrowing.

(3.) It would be seen from the Notary Public's certificate dated 18-12-1966 (Ex. P. 1) that the defendant who was duly identified, not only admitted his identity as the executant but also the execution of the hundi and his liability to pay the amount thereunder; when asked to pay the same, he expressed his inability to pay for some time; asked how much time he wanted he said he was unable to say. He was also asked to state in writing, over his signature, all he had thus stated, but he declined.