UPENDRA MALLIK Vs. JAGATMOHAN PRADHAN

JUDGEMENT

(1.) THIS is a Plaintiff's appeal against the reversing judgment of the Subordinate Judge, Bolangir, in a suit arising out of a pro note.

(2.) IT is the case of the Plaintiff that the Defendant took a loan of Rs. 887.00 from him on 3 -6 -1956 and executed the promote, Ext. 1. Though the pronote did not stipulate payment of interest, the Plaintiff has claimed interest at the rate of 6% per annum. According to the Plaintiff as he was not carrying on business in money -lending, he was not required to register under the Money -lenders Act. The suit -loan was only a friendly loan which the Defendant promised to repay on demand. But in spite of repeated demands, he did not pay. Hence, the suit.

(3.) THE trial Court decreed the Plaintiff's suit in full. The appellate Court reversed the finding of the trial Court and held that the suit -pronote was unsupported by consideration and was executed by the Defendant under undue pressure and influence of d.w.1 who got the document executed benami in favour of the Plaintiff. He thus dismissed the Plaintiff's suit. Hence the appeal.