FAKIRGOWDA BHIMANGOWDA Vs. VISHNUDAS VENKATDAS

JUDGEMENT

(1.) The plaintiff sued to recover on a promissory note executed by Defendant No. 1 on July 27, 1920 in his favour for Rs. 9,395 found due at the foot of the dealings between the parties and a cash advance of Rs. 235 made on that date.

(2.) Defendant No. 2 was the son of defendant No. 1 living in union with him. In their written statement, the defendants stated that Defendant No. 2 was needlessly made a party, that Defendant No. 1 passed the promissory note sued upon, that Rs. 235 was cash considerate, that an account should be taken as the defendants were agriculturists, that Defendant No. 1 deposited a sum of Rs. 8,500 with the plaintiff after the date of the promissory note, and that the sale proceeds of certain cotton had yet to be accounted for.

(3.) Issues were raised, and, on September 3, 1924, when the suit came on for hearing, Defendant No. 1 was absent and his pleader had no instructions. A decree accordingly was passed for the amount claimed against both defendants.