TENUMAL BISHAMAL SINGHI Vs. AMAR MOHANDAS SINDHI

JUDGEMENT

(1.) This is a revision petition by the original plaintiff against that part of the decree passed by the Joint Civil Judge, Junior Division, sitting on the small cause side, by which the learned Judge dismissed plaintiff's claim to the extent of Rs. 395/-.

(2.) Plaintiff's case was that respondent No. 1, original defendant No.1 Amar Mohandas Sindhi, borrowed from him Rs. 700/- on October 5, 1964, promising to repay the same by monthly instalments of Rs. 25/-. Defendant No.1 was alleged to have executed the bond (Exh. 18) to that effect. It was alleged that respondent No.2, original defendant No.2, stood surety for defendant No. 1. Plaintiff further averred that after the execution of the bond, defendant No.1 repaid in all Rs. 75/- only and therefore, on September 27, 1967, he issued a notice to the defendants to pay the balance. To this notice, defendant No.1 gave a reply on 11-12-1967 acknowledging his liability. It was, however, stated that neither of the defendants paid the balance. Plaintiff therefore instituted the present suit on the small cause side for recovery of Rs. 625/- as principal and Rs. 112/- on account of interest.

(3.) Defendant No.1 admitted execution of the bond but pleaded that he had repaid Rs. 400/-. Defendant No.2 denied that he had signed the bond as a surety. He stated that he signed the bond as a witness. A plea of limitation was also raised by these defendants. It was further contended that as there was no agreement to pay interest, the defendants were not liable to pay interest on the account due.