RAMNATH DWARKANATH WAIWOODE Vs. RAMRAO BALKRISHNA DHOTRE

JUDGEMENT

(1.) The plaintiff sues to receiver the amount duo on a promissory note for Rs. 2,600 passed in his favour by the defendant on the 16 of April 1920. He claims the sum of Rs. 2,390 together with interest thereon at nine per cent.

(2.) The defendant in his written statement sets up various objections to the suit, and the substantial ones are embodied in the following issues:- (1) Whether the plaintiff can are on the promissory note without ranking his brothers parties to the suit? (2) Whether in any event he can sue Without obtaining Letters of Adminis tration to the estate of his father 2 (3) Whether at the date of the promissory note the plaintiff was the manager of the joint Hindu family ? (4) Whether there was a subsequent oral agreement as alleged in pavalof the written statement ? (5) If so, whether the suit is not premature except as to Rs. 100 ?

(3.) The oral agreement referred to is that the plaintiff should not demand the sum of Rs. 2,600 at once and that the defendant should pay the said sum by instalments of Rs. 50 every two months and in the meanwhile pay interest thereon at the rate of nine per cent, per annum every month.