BHAWANILAL Vs. MADANLAL

JUDGEMENT

(1.) THIS revision application arises out of a suit for recovery of the balance due on an account stated.

(2.) THE accounts between the Plaintiffs and the Defendants were settled on 1 -2 -1956 and the balance of a sum of Rs. 782 -9 -9 was struck. The Defendant Shyamsunder signed the balance and made an endorsement as follows:

(3.) IN the present case the entry in the Khara states the sum of Rs. 782 -9 -9 as balance due . The Defendant while signing it stated the same amount as Evidently the Khata entry in the instant case would fall within the rule laid down in the aforesaid decisions and would amount to an express promise to pay. This being the sole ground on which the suit was dismissed, the decree passed by the Courts below is hereby reversed and the Plaintiffs' claim in suit is decreed with costs throughout.