CHAMPAKLAL GOPALDAS Vs. KESHRICHAND MAGANLAL

JUDGEMENT

(1.) In this suit the plaintiffs claim the sum of Rs. 5,000 with interest at six per cent, from September 21, 1920. The claim is made on a hundi dated September 15, 1920. The suit was originally filed as a summary suit along with another suit for a like amount by the plaintiffs against another defendant along with Defendant No. 2. Defendant No. 1 obtained leave to defend the suit and was ordered to deposit the amount of the hundi in Court as a condition for the leave being granted.

(2.) By their written statement the defendant firm have put forward a misleading plea. In paragraph 5 they say: These defendants were always ready and willing to pay the amount of the hundi to the lawful, holder in due course.

(3.) And in paragraph 6: These defendants have always been and are still ready and willing to pay the amount of the said hundi to whosover is the holder thereof in due course and they have deposited the amount of the hundi with the Prothonotary of this Honourable Court.