SITAKANTA PARHI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Defendant is appellant against the decree for realisation of money on basis of a promissory note.

(2.) Case of plaintiff Bank is that in order to run his grocery shop at Chandbali, defendant opened an account being introduced by one Sudhakar Misra who had previously a Bank account, and took loan of Rs. 10,000/'- by executing a demand promissory note (Ext. 1) on 2.2.1970 in the Proforma of the Bank. This amount was paid to defendant by a cheque. When only Rs. 3,650.00 was paid back till 20th Oct., 1971 by defendant and Sudhakar Misra and no further payment was made leaving the balance with interest at Rs. 9,213.27 paise, plaintiff filed the suit on 30th Jan., 1973 for realisation of Rs. 9,213.27 paise with pendente lite and future interest at stipulated rate.

(3.) Defendant denied execution of the promissory note and the loan. He asserted that on the date of execution of the pronote he was minor and accordingly, he could not have executed the same.