(1.) Suit on a promissory note to recover a sum of Rs. 1,20,400/- from the defendants.
(2.) The plaintiff's case is as follows : Defendants 1 and 2. who are father and son, executed a promissory note in favour of the plaintiff on 25-11-1976 for a sum of Rs. 70,000 agreeing to repay the sum with interest at 24 per cent per annum. The date of the promissory note and the name of the promisee were not filled up in the promissory note and the defendants authorised the plaintiff to fill up those particulars himself. Therefore the plaintiff has filed the suit without filling those particulars and has filed the original promissory note as it was executed by the defendants 1 and 2.
(3.) When the executants failed to pay the interest due under the promissory note for two months, the plaintiff pressed for the same and thereupon the third defendant, namely, the wife of the first defendant, executed a letter of guarantee on 1-2-1977, for repayment of the same. All the three defendants executed the letter of guarantee in favour of the plaintiff acknowledging the liability under the promissory note. Thus, the defendants 1 and 2 as principal borrowers and the third defendant as guarantor are jointly and severally liable for the suit claim. No amount was paid in spite of lawyer's notice. Hence the suit.