RAMJIDAS Vs. BABURAM

JUDGEMENT

(1.) THE Plaintiff -Applicant sued the non -Applicant for the recovery of Rs. 300 and interest thereon, amounting to Rs. 408 alleging that the Defendant used to purchase goods on credit from the Plaintiff's shop, that on 27th June 1951 on account of the credit -transaction was taken and the Defendant executed a document in favour of the Plaintiff admitting his liability to pay Rs. 300 in respect of the price of the goods sold on credit and agreeing to repay the amount within one year and further agreeing to pay interest at the rate of Rs. 0 -12 -0 per -month per cent, in the case of default. The Defendant did not appear and the case proceeded ex parte against him. The learned Judge of the Court of Small Causes decreed the Plaintiffs claim to the extent of Rs. 381 only. He decreed the Plaintiffs claim for interest only from the date of default and not from the date of the execution of the document i.e. 27th June 1951.

(2.) IN this revision petition the Plaintiff claims that under the terms of the document he is entitled to get interest at the stipulated rale from the date on which the document was executed, in my opinion the lower Court was right in rejecting the Plaintiff's claim for interest for one year from the date of the document. The material provision of the document runs as follows:

(3.) THE result is that this revision petition is accepted in part and the decree of the Court of Small Clauses, Lashkar, is modified by directing that in addition to the costs of the suit, the Plaintiff Applicant shall also be entitled to recover Rs. 20 -10 -0 being the amount of duty and penalty paid by him in respect of the document dated 27th June 1951 as costs from the Defendant -non -Applicant. The Applicant shall get costs of this petition from the non -Applicant.