GULAB CHAND Vs. KAMAL SINGH

JUDGEMENT

(1.) This was a suit to recover a certain amount on the basis of a hundi executed by defendants Nos. 1 and 2, Debi Singh and Dan Sahai, on the 18 of June, 1914. The defendants pleaded that they executed the hundi but that it was without consideration and was obtained through undue pressure.

(2.) The trial court came to the conclusion that the defendants had failed to prove that the hundi was executed under undue influence or without consideration. It accordingly decreed the suit against defendants Nos. 1 and 2, the executants of the hundi.

(3.) The defendants went up in appeal. They abandoned the plea of undue influence but contended that the consideration alleged by the plaintiff was no consideration in law. The learned Judge gave effect to this contention of the defendants appellants and dismissed the suit.