RAJANI KANTA BARUI Vs. BONBEHARI SARKAR

JUDGEMENT

(1.) This is an appeal on behalf of the plaintiffs and is directed against the decision of My Lord the Chief Justice.

(2.) The Plaintiffs filed a suit out of which the present appeal arises to enforce a mortgage alleged to have been executed by the defendant in favour of Jagannath, father of plaintiffs 1 and 2 and father-in-law of plaintiff No. 3. The mortgage is said to have been executed on September 23, 1926 for Rs. 200/-, a part of the consideration having been paid in advance on an earlier date.

(3.) The defendant in his written statement admitted having executed the document but he denied due and proper attestation. A further point was taken that the claim was in any view barred by limitation as an alleged endorsement appearing on the back of the bond was not in the handwriting of the defendant. If this endorsement could be avoided the claim was 'prima facie' barred. Other defences need not be referred to as the point raised in this appeal is a limited one.