GOBIND DAS Vs. SABJU DAS

JUDGEMENT

(1.) The plaintiffs, who are appellants here, come into Court on the allegation that the defendant respondent, on the 2 November, 1899, executed a document, described as a sarkhat, in favour of the plaintiffs firm in respect of an old debt of Rs. 995-10-0 due by him to the firm, and that in this document he promised to pay the aforesaid sum without interest.

(2.) The plaint sets forth that again on the 24 of October 1902, a similar document was executed by the defendant promising to pay the aforesaid debt without interest. The plaintiff sued to recover the amount due under this document. The defendant pleaded that the document sued on was a mere acknowledgment and was not a promise to pay a time-barred debt, and that the suit was not maintainable on the mere acknowledgment.

(3.) The Court of first instance came to the conclusion, on a consideration of the language of the document which is the basis of the suit, that it was not a mere acknowledgment of a debt, but that it contained a promise to pay the debt without interest. On appeal, the learned District Judge held that, there being no clearly expressed promise in the sarkhat, the plaintiffs were not entitled to succeed, and dismissed the suit. The plaintiffs come here in second appeal.