KHETRAMOHAN RAY Vs. UDAYANARAYAN PANDA

JUDGEMENT

(1.) Unsuccessful in the suit for recovery of Rs. 15,000/- with interest at the rate of 12% per annum from the defendants, plaintiff has preferred this appeal.

(2.) Defendants are two brothers, residents of Bhadrakh Sub-Division in Balasore District. Defendant No. 1 at one time was an employee of son of the plaintiff who carries on business of transport having a branch office at Bhadrakh.

(3.) Case of plaintiff is that on 25-10-1971, defendant No. 1 who was known to plaintiff previously as an employee of his son, approached him for a loan of Rs.15,000/- for maintaining the joint family shop known as Mamata Store in Kuchery Bazar at Bhadrak managed by his younger brother (Defendant No. 2) and for purchasing medicine for himself. Plaintiff who had received his retirement benefits advanced the loan to Defendant No. 1 on his executing a promissory note (Ext. 1) which was scribed by P.W. 2. Since defendant No. 1 did not pay the amount despite notice, suit was filed.