POMA DONGRA Vs. WILLIAM GILLESPIE

JUDGEMENT

(1.) The plaintiffs in this case are a firm of Marwarry money lender s. The defendant William Gillespie is described in the plaint as manager of the Money Order Department, General Post Office, Bombay.

(2.) The suit was heard ex parte, before me last Tuesday as a Short Cause. The plaintiff Poma Dongra, in the course of his evidence stated that on the previous Tuesday, when the suit was on board, the defendant was in Court and asked him for time to pay, that he refused to give time and the defendant left saying he would file his petition in insolvency, that the suit was subsequently O.C.J. called on but was adjourned because affidavit of service had not, 1907 then been filed.

(3.) In their plaint the plaintiffs state that on the 19 of July 1904 Poma they lent to the defendant Rs. 500 and the defendant executed Gillespie a promisory note promising to repay the sum with interest at- one anna per Rupee per mensem. This works out the rate of <JGN>Davar</JGN> J. interest at 75 per cent per annum.