DIMBESHWAR BAROOAH Vs. RASHIK CHANDRA HAZARIKA AND ANOTHER

JUDGEMENT

(1.) THIS appeal by the plaintiff is from the judgment and decree passed by the Assistant District Judge, Sibsagar, Jorhat, in Money Suit No. 3 of 1964.

(2.) THE suit is for recovery of money. The plaintiff's case is that defendant No. 1 took a loan of Rs. 12,500/ - from him by executing a bond on 14 -9 -63 and defendant No. 2 stood surety for the said amount. Defendant No. 1 agreed to pay the money in four equal instalments, being payable on 14 -11 -63, 14 -1 -64, 14 -3 -64 and 14 -5 -64 respectively. On the date of execution of the bond defendant No. 1 executed an agreement whereby he promised to execute a deed of simple mortgage to secure the said amount of Rs. 12,500/ -. The defendants failed to pay the first instalment due on 14 -11 -63 or to execute the deed of mortgage. The plaintiff, therefore, served a registered notice upon the defendant No. 1 but to no effect. He has therefore, filed the present suit for Rupees 12,897/ - inclusive of interest.

(3.) THE learned trial Court dismissed the suit holding that the suit was hit by Section 7 of the Act, that there was no passing of any cash consideration of the bond, that there was a partnership business between plaintiff and defendant No. 1, and that the loan was obtained for financing and running the quarry. Hence this appeal by the plaintiff.