SAWA AND SHANKERLAL Vs. GANPATRAM DECEASED

JUDGEMENT

(1.) THIS is a civil second appeal filed by Sawa and Shankerlal defendants against the decree and judgment of the learned District Judge Balotra dated 28 -9 -1967 by which the judgment and decree of the learned Civil Judge Jalore decreeing the suit of the plaintiff for recovery of Rs. 3000/ - as principal and Rs. 511/ - by way of interest together with pendente lite and future interest at the rate of Rs. 6/ - per cent per annum was confirmed.

(2.) THE relevant facts giving rise to the suit out of which this second appeal arises may be briefly stated as follows: Ganpatram instituted a suit against Sawa and Shankerlal defendants for the recovery of sum of Rs. 3511/ -on the basis of a promissory note which was alleged to have been executed by the defendants on 3 -3 -1961 after securing a sum of Rs. 3000/ - from the plaintiff for running their business. It was alleged in the plaint that the defendants agreed to pay interest at the rate of Rs. 12/ -per cent per annum on the principal amount secured by them from the plaintiff and along with the promissory note gave a receipt also for the amount which they had received. After the execution of the promissory note and the receipt the defendants could not make any payment despite repeated demands by the plaintiff. Eventually the plaintiff caused a notice to be served on the defendants through his Advocate Shri Girdharilal Vyas but the later dishonestly gave a wrong reply through that Advocate Shri Sunderlal Sharma and desired to inspect the promissory note. The plaintiff thereupon gave a reply through his Advocate that the defendants could see the promissory note at his house at any time but neither the defendants nor their Advocate came to the house of the plaintiff for inspection of the promissory note. Hence the plaintiff had no other option but to sue them for the principal amount plus interest at the stipulated rate.

(3.) UPON pleadings of the parties the learned Civil Judge framed as many as 4 following issues: