RAM LAL Vs. VIDYA DEVI

JUDGEMENT

(1.) The plaintiff appeals against the dismissal of his suit by the lower appellate court in reversal of the decree passed by the trial court. The suit is for recovery of Rs. 8,160 due under Ex. P -l pronote executed by the first defendant as power of attorney holder of Rattan Singh and others. Ex. P -l pronote is dated 10 -6 -1970 and was for a consideration of Rs, 6,000. The first defendant as power of attorney holder of the aforesaid Rattan Singh and others had executed a sale -deed Ex. P -2 conveying immovable property to defendants No. 2 to 8 for a consideration of Rs. 10,000. Out of the aforesaid consideration a sum of Rs. 6,000 was reserved with the vendee for discharge of the amount duo to the plaintiff under the pronote Ex. P -l.

(2.) The first defendant raised a contention that in executing the pronote he was acting as an agent of Rattan Singh and others and he is, therefore, not liable to discharge the debt. Defendants No. 2 to 8 raised a contention that the plaintiff is not entitled to a decree against them on the strength of Ex. P -l.

(3.) The principals on whose behalf the first defendant had executed the pronote are not parties to the suit.