BALRAM DAS AGRWALLA Vs. KESARDEO KHEMKA

JUDGEMENT

(1.) The is a suit by Balram Das Agarwalla on the foot of assignments dated August 5, 1955 of two hundis drawn by the defendant Kesardeo Khemka- one on June 6, 1955, as a partner of Central Talkie Equipment Co., a firm, in favour of Pramila Debi, payable within 90 days and accepted by the defendant personally, and another on July 12, 1955, on his own, in favour of Pramila's husband. Dharam Chand Jain, payable within 30 days and accepted by one Hiralal Agarwalla. Each hundi was for Rs. 5,000. Assignments over, notice thereof was duly given to the defendant. More, on the due date, each was duly presented-the one of June 6, 1956, to the defendant and the other of July 12, 1955, to the acceptor Hirala1 Agarwalla. Result : each was dishonoured by non-payment. Notice of such dishonour, duly given to the defendant, yielded little result. Hence this suit for recovery of the principal sum of Rs. 10,000 plus the statutory interest of 6% a year, totalling Rs. 11,775.

(2.) A suit as this raised on August. 11, 1958, is resisted by the sole defendant, Keshardeo Khemka, by a written statement filed on March 17, 1959. The pleas taken are- 1. He was not a partner ever of the firm: Central Talkie Equipment Co. 2. He was compelled to sign the hundi of June 6, 1955.

(3.) No consideration passed either for that hundi or the latter one of July 12, 1955, which, however, is admitted to have been "signed" by him.