MILAPCHAND Vs. SUKANRAJ

JUDGEMENT

(1.) THIS is a revision application by two of the defendants against an order of the District Judge Pali dated 21st September 1956 holding the document on the the basis of which the present suit for recovery of money has been brought against them by the plaintiff is not a promissory note.

(2.) THE case of the plaintiff is that Chhogalal defendant and his brother Meghraj deceased used to carry on business in Mysore State under the name and style 'meghraj Hajarimal & Co. ", that they used to borrow money for their business from Sukanraj plaintiff and Ok Chand defendant from time to time, that the accounts were finally settled between the parties on Kartik Sudi 1 Svt. 2005 and a Khata for Rs. 19,397/0/6 was executed by Meghraj and Chhogalal in favour of Sukanraj and Ok Chand on 2. 11. 1948 in Mysore State, This Khata was referred to as an account stated in para 3 of the plaint and it was also mentioned that it contained an express agreement that Chhogalal and Meghraj would pay the amount together with interest at Rs.-/8/- per month wherever it was demanded by Sukanraj and Ok Chand either in Marwar or outside it. THE suit was instituted in the court of District Judge Pali on 2. 7. 1952 and the document was filed along with the plaint. It is not stamped with any revenue stamp. It bears two half-anna postage stamps. It runs as follows : - It may be translated in English as follows : - 400/- Cash - Samvat 2005 Miti Asad Bad 10. Received cash - Rupees four hundred paid. M. H. Co. Sd/- Chhogalal. 19397/-/6 300/- Samvat 2005 Miti Bhadva Sud 4. Paid cash. 700/- In words, Rupees nineteen thousand three hundred ninetyseven and anna half due, whereon monthly interest will be paid at the net rate of eight annas per month. This principal and interest is payable to Sah Sukan Rajji Ok Chandji of the village Ram Singhji-ka-Gurah in Marwar. This money due is unsecured. Wherever in Desh (i. e. Marwar) or in Pardesh (i. e. out of Marwar) the creditor will ask, it will be paid. Whenever the creditor will ask, the principal and interest shall be paid. Sd/- Meghraj Hajarimalji 1/2 anna Postage Ticket 1/2 anna Postage Ticket Sd/- H. Meghraj Meghral Hajarimal Co. Sd/- Chhoglal 1190/1/0 1158/1/0 Samvat 2005 Katik Bad 15 - Rs. 32/- Motor charges to and from To interest till Katik Bad 15 Smt. 2005. Ank 2315. 14 at -/8/- debited Sd/- Meghral Hajarimalji

(3.) THERE are several circumstances in the present case which go to show that the parties did not intend to create a promissory note.