SURJIT SINGH AND OTHERS Vs. RAM RATAN SHARMA

JUDGEMENT

(1.) THIS appeal is from the judgment and decree passed by the Second Subordinate Judge, Manipur in O. S. No. 47 of 1969.

(2.) DEFENDANTS Nos. 1 and 2 are brothers, carrying on business as partners of a firm, Messrs. Bharat Hardware Stores at Thangal Bazar, Imphal, and defendant No. 3 is the partnership firm. On 31 -8 -1968, defendant No. 1 in his capacity as a partner of the firm and on its behalf borrowed a sum of Rs. 9,240 from the plaintiff and executed a promissory note (Ext. A/1) promising to repay the loan on demand. Defendant No. 4 stood surety guaranteeing the repayment of the loan. The plaintiff made a demand of the defendants Nos. 1 and 2 for the repayment of the loan by registered letters dated 13 -5 -1969, a copy whereof was sent to defendant No. 4. The letters were refused and no payment was made. Hence the present suit.

(3.) AFTER trial, the learned Subordinate Judge has decreed the suit with costs. Hence, this appeal.