GOPAL CHANDRA Vs. BEPIN BEHARI

JUDGEMENT

(1.) This Rule was issued at the instance of a plaintiff whose suit for money due on a handnote was dismissed by the Small Cause Court Judge of Midnapore.

(2.) The plaintiff's case was that the defendant executed a handnote in favour of the plaintiff and the handnote contained the words that it was payable to the plaintiff or to his order.

(3.) The learned Judge has found that the defendant did execute the handnote and that the amount is due. There were two defences, namely, that the suit was barred by limitation and secondly the suit was not maintainable in view of the Reserve Bank of India Act, 1934, Section 60.