GOTURAM RADHAKISAN Vs. BARKU DODHU

JUDGEMENT

(1.) The plaintiff sued to recover on a promissory note, dated 29 December 1915, Rs. 450, principal, and Rs. 139-8-0 for interest. The defendant admitted the promissory note but denied consideration and prayed for an account and instalments. The defendant is an agriculturist. When the suit came on for hearing what was represented as a compromise was presented to the Court, under which the defendant agreed that he should pay the amount demanded, Rs. 589-8-0, and the costs by instalments of Rs. 100 each. In default of paying any two instalments the whole amount was to be recovered at once; interest at four annas per mensem was to run on the principal amount from that date until all the instalments had been paid off.

(2.) The defendant was examined by the Court and said :- I have made the settlement, which I have understood, (and which) I admit. A decree may be passed according to it. At first I received Rs. 2CO (two hundred), thirteen years ago. No receipt is passed showing what amount is paid, I do not remember. I do not understand accounts; therefore I have agreed to this settlement.

(3.) The Court passed the following order :- Defendant is not able to say how much is due to plaintiff. He has no precise knowledge as to the Wasul paid. The transaction is very old. I cannot in these circumstances allow the compromise as I do not believe that defendant has entered into it after fully understanding his rights.