RAJKISHORI KOER Vs. MADAN MOHAN SINGH

JUDGEMENT

(1.) This is a suit upon two mortgage bonds said to have been executed by the late Achaibat Pershad Narayan Singh, one on the 7 Bysack 1293 corresponding to the 25 April 1886, for Rs. 5,000, the due date being the 11 November 1886, and the other on the 8 Jeyt 1293 corresponding to the 26 May 1886, for Rs. 2,000, the due date being the 9 January 1887.

(2.) The plaint was presented to the Court on the 16 November 1898, the last date to save limitation as regards the first mentioned bond the 12 to 15 November being close holidays. The amount claimed with interest was Rs. 16,302 on the first bond, and Rs. 6,523 on the second bond. The plaint bore a stamp of Rs. 835 which would be correct if the aggregate claim had arisen on only one cause of action, but having regard to Section 17 of the Court- fees Act, the stamp was not sufficient, and on the 7 November the Court recorded this order: "The plaintiff is to pay the deficit court-fees of Rs. 180 within two weeks." On he 2nd December the latest date allowed for payment by that order (the 1 December being a holiday) the plaintiff put in petition that he wished to cite authorities to show that the Courts was wrong in demanding an additional court-fee and he prayed for two weeks time to enable him to have the point argued and to cite authorities. The Court's order on that petition was: "Two weeks time may be granted." On the 15 December Rs. 180 court-fee stamp was filed, the plaintiff having apparently abstained from further urging the objection to his liability. On the same day the Court recorded an order directing the plaint to be admitted and registered.

(3.) At the hearing in the Court below, the defendant, who is the widow of the late Achaibat Pershad Narayan Singh, urged that the suit was barred by limitation, and while admitting that the bonds seemed apparently to have been executed by her husband averred that she had no knowledge of them, as they came into existence before her marriage, and she therefore put the plaintiff to strict proof of due execution and the passing of consideration. The suit was decreed, and hence this appeal by the defendant.