JAISUKHLAL DEVE Vs. SHANKAR THEATRES FIRM AMRAVATI

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the judgment and decree dated 5th of May, 1976, in Civil Suit No. 17-B of 1974 of the Court of First Additional District Judge, Raipur.

(2.) THE plaintiff had filed the present suit for Rs. 13,762. 50 paise (Rs. 10,000 principal and Rs. 3,762. 50 paise interest at the rate of Rs. 1. 75 paise per cent per month) against the defendants 1 to 4 on the basis of the two documents Ex. C-l and Ex. C-2 for Rs. 5,000 each dated 3-11-1971. and 4-1. 1-1971, respectively which in the plaint the plaintiff has described to be promissory notes whereas during the course of the argument in this Court, it has been contended that these documents are hundis.

(3.) THE defendant No. 1 is a partnership firm and defendants Nos. 2, 3 and 4 are its partners. The defendant-firm has been carrying on its business at Amrawati and other places.