DEBRAJ MISRA Vs. BATA SAHU

JUDGEMENT

(1.) THIS is an unsuccessful Defendant 's petition against the judgment of the court of appeal below decreeing the Plaintiff 's suit. The Plaintiff filed a suit for recovery of a sum of Rs. 550/ - basing his claim upon a bond executed by the Defendant on 25 -8 -1953 for a sum of Rs. 380/ - on account of his previous loan which was outstanding. The Defendant failed to pay even by instalment as agreed to between the parties. Accordingly the Plaintiff was constrained to file the suit. The Defendant admitted the execution of the suit document. His only contest was that by the date of the execution of the suit -document, that is, 25 -8 -1953, - Rs. 300/ - was not due from him. He took only Rs. 115/ - from the Plaintiff in 1950, which he was asked to repay in 1953. He could not pay on account of poverty for which he was threatened with litigation and consequently he executed the suit -document. The Defendant, however, pleaded limitation and contended that the suit was not maintainable under the Orissa Money Lenders Act.

(2.) THE trial judge after consideration of the pleadings and the evidence on record dismissed the Plaintiff 's suit. The Plaintiff filed an appeal against this judgment and the appellate court reversed the judgment of the learned Munsif and decreed the Plaintiff 's suit.

(3.) IN the result, the rule is made absolute, but there would be no order for costs of this Court.